New York Court of Appeals

In the Matter of ATM One, LLC, Appellant v. Ana Landaverde, Respondent

June 3, 20042 N.Y.3d 472

Summary

The New York Court of Appeals affirmed the dismissal of the owner’s holdover proceeding because the tenant was not given the statutorily required ten‑day cure period; the Court held that when a notice to cure is served by mail, the owner must add five days to the ten‑day cure period to ensure the tenant receives a full ten days.