Judge Scott Fairgrieve
Landlord commenced this holdover action against tenant to recover possession of the premises. Petitioner sent a notice of termination to terminate the sublease contending the basis was that tenant failed to pay the full amount of rent due two or more times in a 12-month period. Tenant moved for dismissal arguing the petition was defective as it paid the required rent within the period after letters were sent as notices to cure. The court initially found the notices to cure were invalid as they were sent by someone who was a “total stranger” to the lease, and someone tenant never previously interacted with. Thus, it found the notices were deficient under the rule in Siegel v. Kentucky Fried Chicken of Long Island. Further, the court stated even if the notices were valid, landlord accepted rent for the months stated in the notices within the 10-day cure period, thus such defaults by tenant were properly and timely cured, and no notice of termination should have been issued without an opportunity to correct the alleged current default. Therefore, it granted dismissal of the summary proceeding, denying landlord’s cross-motion.
