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DEFINITIONS PERSONAL FITNESS, INC. v. 133 E. 58TH STREET LLC.

10488N, 653736/12.

107 A.D.3d 617 (2013)

967 N.Y.S.2d 647

2013 NY Slip Op 4892

DEFINITIONS PERSONAL FITNESS, INC., Appellant, v. 133 E. 58TH STREET LLC., Respondent.

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

Decided June 27, 2013.

The record demonstrates that plaintiff chronically failed to pay its rent, having forced defendant to bring 10 nonpayment proceedings over the last seven years. This is a breach of a substantial obligation under the lease (see Adam's Tower Ltd. Partnership v Richter, 186 Misc.2d 620, 621 [App Term, 1st Dept 2000]), and is a type of default that plaintiff cannot cure within the 15-day...

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