Park Summit Realty Corp. v. Frank — 56 N.Y.2d 1025

Majority

p. 1025

Park Summit Realty Corp., Appellant, v Len Frank et al., Respondents.

Decided June 23, 1982

p. 1026

APPEARANCES OF COUNSEL

M. William Scherer for appellant.

George R. Osborne for respondents.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. A notice to cure was required whether the proceeding be as a holdover after termination of tenancy (RPAPL 711, subd 1; Code of Metropolitan Hotel Industry Stabilization Assn. [Hotel Code], §§ 50, 53, subd [a]) or as a nonpayment proceeding (RPAPL 711, subd 2; Hotel Codé, § 50).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.