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Mansfield Owners, Inc. v Anne Phillip and Kiana Bridgeman

By Jeffrey R. Metz


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th & 13th JUDICIAL DISTRICTS


PRESENT : PESCE, P.J., WESTON and ALIOTTA, JJ.


MANSFIELD OWNERS, INC.,

Appellant,

-against-

ANNE PHILLIP and KIANA BRIDGEMAN

Respondents,

-and-

NICCI also Known as

NICOLE GOLDSON

also Known as NICOLE GOLDEN,

Undertenant.

Appeal from a final judgment of the Civil Court of the City of New York, Kings County (Jean T. Schneider, J.), entered December 9, 2014. The final judgment, after a nonjury trial, dismissed the petition in a holdover summary proceeding.

ORDERED that the final judgment is affirmed, without costs.

In this illegal-sublet holdover proceeding, we agree with the Civil Court’s determination that the parties’ extensive settlement negotiations, including the acceptance by landlord of a sublet application and cashier’s checks tendered by tenants, served to extend the cure period through the commencement of the proceeding (see Zuckerman v 33072 Owners Corp., 97 AD2d 736 [1983]). As it was landlord’s burder to prove that tenants had failed to cure the alleged lease violation within the cure period as extended (Hudson Assoc. v Benoit, 226 AD2d 196 [1996]), and as landlord failed to meet this burden, the final judgment is affirmed.

Pesce, P.J., Weston and Aliotta, JJ., concur.

 

 

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS