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LEONARDI INTL. CORP. v. ALTAMAR BRANDS, LLC

10239-104796/09, 10239A.

106 A.D.3d 661 (2013)

965 N.Y.S.2d 725

2013 NY Slip Op 3918

LEONARDI INTERNATIONAL CORPORATION, Appellant, v. ALTAMAR BRANDS, LLC, Respondent.

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

Decided May 30, 2013.

The parties' lease provides that neither party can institute legal action with respect to an act of default under any provision of the lease without first giving the other a notice of default that complies with certain specified conditions. Plaintiff never gave defendant notice of the default on which its first cause of action is predicated (see MHR Capital Partners LP v Presstek, Inc., 12 N.Y.3d 640, 645 [2009]). Defendant provided...

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