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ATM ONE v. LANDAVERDE

2 N.Y.3d 472 (2004)

812 N.E.2d 298

779 N.Y.S.2d 808

In the Matter of ATM ONE, LLC, Appellant, v. ANA LANDAVERDE, Respondent.

Court of Appeals of the State of New York.

Decided June 3, 2004.

Attorney(s) appearing for the Case

Wolfson & Grossman, Westbury (Paula Schwartz Frome of counsel), for appellant.

Community Legal Assistance Corp., Hempstead (Stefan H. Krieger of counsel), for respondent.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur.

OPINION OF THE COURT

GRAFFEO, J.

In this appeal, the owner of a building challenges the dismissal of its holdover proceeding against a tenant allegedly violating the maximum occupancy provision of the parties' lease. We conclude that the proceeding was properly dismissed because the tenant was not afforded 10 days written notice to cure the alleged violation.

Section 2504.1 of the Division of Housing...

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