Majority
Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered December 19, 2012, which denied plaintiffs motion for a Yellowstone injunction, unanimously affirmed, without costs.
The record demonstrates that plaintiff chronically failed to pay its rent, having forced defendant to bring 10 nonpayment
Defendant was not limited to a nonpayment proceeding under the term of the lease that provided for such proceedings for nonpayment. Chronic nonpayment is a violation of a different type than occasional nonpayment (see 326-330 E. 35th St. Assoc. v Sofizade, 191 Misc 2d 329 , 331-332 [App Term, 1st Dept 2002]). Nor can plaintiff rely on any defect of the notice of default, since no such notice is even necessary for an action based on chronic nonpayment (see 3363 Sedgwick v Medina, 187 Misc 2d 421 [App Term, 1st Dept 2000]). Furthermore, contrary to plaintiffs contention, there are no equitable considerations that would require a different result. Concur — Gonzalez, P.J., Renwick, DeGrasse, Manzanet-Daniels and Feinman, JJ.
Cases cited
- Adam's Tower Ltd. Partnership v. Richter 186 Misc 2d 620 at 621 p. 618
- Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Avenue Associates 93 NY2d 508 at 514 p. 618
- 326-330 East 35th Street Assoc. v. Sofizade 191 Misc 2d 329 at 331-332 p. 618
- 3363 Sedgwick, L. L. C. v. Medina 187 Misc 2d 421 p. 618