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SOUTH PARK v. HILVERDINK

13 Misc.3d 62 (2006)

823 N.Y.S.2d 816

SOUTH PARK ESTATES CO., Appellant, v. REX HILVERDINK, Respondent.

Supreme Court, Appellate Term, First Department.

September 22, 2006.

Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler, Schwartz & Nahins, P.C., New York City (Paul N. Gruber of counsel), for appellant.

Housing Conservation Coordinators, Inc., New York City (Aurore C. DeCarlo of counsel), for respondent.

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

OPINION OF THE COURT

Per Curiam.

Order, dated October 22, 2004, affirmed, with $10 costs.

The notice to cure underlying this holdover summary proceeding, requiring tenant to cure the lease violation complained of by September 2, 2004, was sent by landlord via certified and regular mail on August 23, 2004, but was not received by tenant until August 24, 2004. Given this undisputed chronology, the cure...

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