Sunday, March 6, 2011

Proprietary Lessee Gets Evicted For No Carpet

Here's an interesting case, Bon Aire Props, Inc. v. Curley, http://www.courts.state.ny.us/ reporter/3dseries/2011/2011_50196.htm, in which a proprietary lessee was found to have committed a violation of a substantial obligation of his tenancy by failing to install carpet in his co-op apartment, in violation of the terms of the house rules to the proprietary lease.  The Appellate Term, 2nd Dep't., in its decision of February 14, 2011, stated that the proprietary lessee "has not, on appeal, shown any basis to disturb the final judgment."  Presumably, had the proprietary lessee installed carpeting between the time the Housing Court issued a final judgment of possession against the the proprietary lessee, and the time the lessee took the appeal, the outcome might have been different.  Surely, post-judgment cure under RPAPL §753(4) would have been available to the proprietary lessee as well.

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