61 E. 72ND ST. CORP. v. ZIMBERG


161 A.D.2d 542 (1990)

61 East 72nd Street Corporation, Appellant, v. Bruce Zimberg et al., Respondents

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

May 31, 1990


Respondents established a history of delinquency in the payment of maintenance charges on their luxury cooperative apartment, the arrears exceeding $20,000 upon the commencement of this proceeding. Simultaneous with said commencement, respondents effected a cure with the tender of a cashier's check for all arrears, plus a guarantee of future payments. Petitioner pressed on with this proceeding nevertheless, asserting a conditional limitation in the lease, the breach of which...

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