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KANNER v. WEST 15TH ST. OWNERS, INC.

236 A.D.2d 341 (1997)

653 N.Y.S.2d 600

Faith S. Kanner, Appellant, v. West 15th Street Owners, Inc., Respondent, et al., Defendants

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

February 27, 1997

The motion court properly denied plaintiff's request for Yellowstone relief as unnecessary in view of the 10-day cure period available in RPAPL 753 (4) should defendant commence a summary proceeding based upon plaintiff's failure to pay the assessments (see, Post v 120 E. End Ave. Corp., 62 N.Y.2d 19, 27). Denial of plaintiff's request to stay her obligation to pay the subject...

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