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PORT ROYAL CORP. v. NAVY BEACH

2016-1329 SC.

57 Misc.3d 13 (2017)

60 N.Y.S.3d 628

2017 NY Slip Op 27300

PORT ROYAL OWNERS CORP. et al., Respondents, v. NAVY BEACH RESTAURANT GROUP, LLC, Appellant.

Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial Districts.

Decided September 20, 2017.

Attorney(s) appearing for the Case

Jeffrey B. Hulse for appellant.

Twomey, Latham, Shea, Kelley, Dubin & Quartararo ( Jennifer P. Nigro of counsel) for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is affirmed, without costs.

In this commercial holdover proceeding, landlords allege that tenant, a restaurant located in Montauk, New York, is in default under the lease as a result of ongoing violations of the East Hampton Town Code. Before filing the petition, landlords' attorney had sent tenant a written 20-day notice to cure and, subsequently, a notice of termination...

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