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NAT. SHOES v. ANNEX CAMERA

114 Misc.2d 751 (1982)

National Shoes, Inc., D.I.P, as Successor in Interest to Louis Joy Corporation, Petitioner, v. Annex Camera and Electronics, Inc., Respondent.

Civil Court of the City of New York, New York County.

July 9, 1982

Attorney(s) appearing for the Case

Burns, Jackson, Summit, Rovins, Spitzer & Feldesman (David Rosenberg of counsel), for petitioner. Mark G. Fresco for respondent.

DAVID B. SAXE, J.

Must an alleged breach of a substantial obligation of a lease, that forms the basis of a notice to cure, be actually capable of being cured in order to sustain the petition in the ensuing summary holdover proceeding?

The respondent tenant contends that since the lease provides for a right to cure within a specified time period, a notice to cure, such as here, that is based upon past conduct

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