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416 W 25TH STREET LENDER LLC v. 416 W. 25TH STREET ASSOCIATES, LLC

11351.

182 A.D.3d 432 (2020)

119 N.Y.S.3d 862

2020 NY Slip Op 02183

416 W 25th Street Lender LLC, Appellant, v. 416 W. 25th Street Associates, LLC, et al., Respondents, et al., Defendants.

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

Decided April 2, 2020.

Plaintiff's notice to cure was deficient, as it failed to inform the borrower of the 30-day period to cure, which was a critical portion of section 21 of the Consolidation, Extension and Modification Agreement (CEMA) (see Filmtrucks, Inc. v Express Indus. & Term. Corp., 127 A.D.2d 509, 510 [1st Dept 1987]; PNC Capital Recovery v Mechanical Parking Sys., 283 A.D.2d 268, 271 [1st Dept...

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