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85TH COLUMBUS CORP. v. COOPERMAN

45 A.D.3d 358 (2007)

845 N.Y.S.2d 280

85TH COLUMBUS CORP., Respondent, v. STEVEN COOPERMAN, Appellant.

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

Decided November 13, 2007.

Appellate Term correctly determined that the notice of nonrenewal was timely served. While a landlord serving a 10-day notice to cure by mail must factor an additional five days into the cure period (Matter of ATM One v Landaverde, 2 N.Y.3d 472 [2004]), there is no requirement that a landlord add five days to service by mail of a 90/150-day notice of nonrenewal (21 W. 58th St. Corp. v Foster, 44 A.D.3d 410...

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