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2215-75 CRUGER APTS v. STOVEL

196 Misc.2d 346 (2003)

769 N.Y.S.2d 347

2215-75 CRUGER APARTMENTS, INC., Respondent, v. PAUL STOVEL, Appellant, et al., Respondents.

Supreme Court, Appellate Term, First Department.

July 22, 2003.

Attorney(s) appearing for the Case

Altman & Altman, Bronx (Joseph A. Altman of counsel), for appellant.

Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P.C., Yonkers (Lawrence Schiro of counsel), for respondent.

SUAREZ, P.J., McCOOE and GANGEL-JACOB, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Final judgment entered February 1, 2002 reversed, with $30 costs, and final judgment granted in favor of tenant dismissing the holdover petition.

The dispositive issue on this appeal is whether service of a 10-day notice to cure which gave tenant less than 10 days to cure an illegal sublet was a sufficient predicate notice to permit landlord to terminate the tenancy and...

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