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115-87 OWNERS CORP. v. DOLGER

201 A.D.2d 340 (1994)

608 N.Y.S.2d 838

115-87 Owners Corp., Respondent, v. George Dolger et al., Appellants

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

February 10, 1994

IAS correctly found, in view of the no waiver clause and other circumstances, that plaintiff did not waive defendants' violation of the proprietary lease in maintaining a professional practice in their apartment (see, Monarch Information Servs. v 161 William Assocs., 103 A.D.2d 703). However, the failure to provide a postjudgment cure period pursuant to RPAPL 753 (4) was error, and we modify accordingly (see, Nestor...

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