Marianne Nestor v. Jay H. McDowell, as Executors of Sidney Diamond

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the remedial provision of RPAPL 753(4) allowing a tenant to cure a lease breach applies to ejectment actions filed in the Supreme Court. The court also held that the plaintiff landlord was not entitled to attorney's fees because she did not obtain a prevailing possessory judgment.