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DAN R. ENTERPRISES v. KUGLERS SERVICE STATION, INC.

2 A.D.3d 1256 (2003)

768 N.Y.S.2d 838

DAN R. ENTERPRISES, Doing Business as VILLAGE AUTO/DAN RUBIN, Appellant, v. KUGLERS SERVICE STATION, INC., et al., Respondents.

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

December 31, 2003.

Carpinello, J.

Plaintiff leased commercial property from defendant Kuglers Service Station, Inc. (hereinafter defendant) for the purpose of operating a vehicle repair shop. The lease term spanned a 14-month period and contained a default provision permitting repossession of the premises "without further notice" if plaintiff failed "to cure any financial obligation" within five days of written notice of default. It is undisputed that plaintiff failed to pay any rent...

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