VILLAGE CTR. FOR CARE v. SLIGO REALTY & SERV. CORP.

651668/11, 6520, 6521N

91 A.D.3d 464 (2012)

936 N.Y.S.2d 538

2012 NY Slip Op 104

VILLAGE CENTER FOR CARE, Appellant, v. SLIGO REALTY AND SERVICE CORP., Respondent.

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

Decided January 10, 2012.


Although the subject lease provides for a 10-day cure period, it also provides for an unspecified longer period to cure defaults not capable of complete cure within 10 days, upon condition that the tenant commence curing within the 10-day period and thereafter proceed with good faith and diligence.

Here, tenant demonstrated that its defaults, which included failure to obtain waivers and approvals from city agencies, were not capable of cure within 10 days and defendant...

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