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VB MANAGEMENT, INC. v. AD 1619 COMPANY, L. L. C.

256 A.D.2d 84 (1998)

681 N.Y.S.2d 257

VB MANAGEMENT, INC., Respondent, v. AD 1619 COMPANY, L. L. C., Appellant.

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

Decided December 8, 1998.

Although the lease provides for a 12-day cure period, it also provides for an unspecified longer period to cure for defaults not capable of complete cure within 12 days, upon condition that the tenant commence curing within the 12-day period and thereafter proceed with good faith and diligence. We agree with the IAS Court that no issue of fact exists as to plaintiff's compliance with this good faith/diligence requirement, and also...

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