520 E. 86TH ST. v. LEVENTRITT


127 Misc.2d 566 (1985)

520 East 86th Street, Inc., Petitioner, v. Frances Leventritt, Respondent.

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

March 11, 1985


Attorney(s) appearing for the Case

M. S. & I. S. Isaacs (Edmund Dollinger and Cynthia R. Clark of counsel), for petitioner. Leventritt Lewittes & Bender (Sidney Bender, Aaron Lewittes and Janine L. Bender of counsel), for respondent.


DAVID B. SAXE, J.

The issue that I must decide is whether a cooperative proprietary lease provision that contains a conditional limitation operative upon a default in the payment of rent thereby allowing recovery of the residential premises in a holdover summary proceeding is valid.

The premises involved is apartment 15-C at 520 East 86th Street, New York, New York, a cooperative apartment house. The respondent here is the owner of shares allocated...

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