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W54-7 LLC v. SCHICK

14 Misc.3d 49 (2006)

829 N.Y.S.2d 399

W54-7 LLC, Appellant, v. WALTER SCHICK, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

December 14, 2006.

Attorney(s) appearing for the Case

Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P.C., Yonkers (Lawrence Schiro of counsel), for appellant.

Sperber Denenberg & Kahan, P.C., New York City (Jacqueline Handel-Harbour and Steven B. Sperber of counsel), for Walter Schick, respondent.

McCOOE, J.P., DAVIS and GANGEL-JACOB, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order, entered June 30, 2005, affirmed, with $10 costs.

Tenant's pretrial motion to dismiss the holdover petition was properly granted, there being no serious dispute that landlord's service by mail of the 10-day notice to cure was untimely under the rule enunciated in Matter of ATM One v Landaverde (2 N.Y.3d 472 [2004])....

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