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POST v. 120 EAST END AVE. CORP.

95 A.D.2d 697 (1983)

Seymour C. Post, Respondent, v. 120 East End Avenue Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 16, 1983

We do not agree with our dissenting colleagues that the violation alleged, if found to exist, is readily curable within the 10-day period prescribed by RPAPL 753 (subd 4), and consider it unnecessary to address the other issues discussed in the dissenting opinion.

Silverman and Bloom, JJ., dissent in a memorandum by Bloom, J., as follows:

This appeal again presents us with the question of the effect of RPAPL 753 (subd 4), upon the discretionary power of the...

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