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SOLOW BLDG. CO. v. FRELAU LLC

570184/08.

27 Misc.3d 32 (2010)

899 N.Y.S.2d 794

SOLOW BUILDING COMPANY, LLC, Respondent, v. FRELAU LLC, Appellant, et al., Respondents.

Supreme Court, Appellate Term, First Department.

Decided March 29, 2010.

Attorney(s) appearing for the Case

Hankin & Mazel, PLLC, New York City, for appellant.

Rosenberg & Estis, P.C., New York City, for respondent.

McKEON, P.J., and SCHOENFELD, J. concur.

OPINION OF THE COURT

Per Curiam.

Final judgment and judgment, entered December 28, 2007 and March 19, 2008, respectively, reversed, with $30 costs, and final judgment directed in favor of tenant dismissing the holdover petition.

At issue in this holdover summary proceeding is the timeliness of the notice of default served upon the commercial tenant by petitioner landlord. The operative facts are summarized...

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