Reckson Operating Partnership, L.P. v. LJC Corp.

17 Misc.3d 138(A) (App. Term 2007).  On behalf of the landlord, we obtained reversal of a Nassau County District Court ruling which had granted the tenant’s motion to dismiss a non-payment summary proceeding upon the ground that the landlord had not provided a ten-days notice to cure.  The Appellate Term agreed with us that the lease required 10 days notice to cure only if the landlord elects to treat the nonpayment of rent as an event of default and terminates the lease.  The court concluded that nothing in the lease required the landlord to treat tenant’s nonpayment of rent as an event of default or foreclosed landlord from bringing a nonpayment summary proceeding based on a three-day demand for rent, which is a statutory prerequisite to such a proceeding (as opposed to a holdover proceeding).