Philadelphia Skyline

Jin Kwan Choi v. 333 Henry Street Corp.

(Sup. Ct. Kings Cty. 5/6/03)

Plaintiff, a tenant with a 10-year lease in a building owned by defendant, failed to comply with the exhaust system requirements of the Administrative Code of New York. Defendant landlord then notified plaintiff that he was in default of the lease and had five days to cure the default. After Notice to Cure expired, defendant elected to terminate plaintiff's lease. In order to enjoin defendants from taking possession of plaintiff's premises or from commencing proceedings to terminate or cancel his leasehold interest and proprietary lease with respect to the premises, plaintiff requested a Yellowstone injunction, but because he waited until two months after the expiration of the Notice to Cure, the court rejected plaintiff's request on the basis of its untimeliness.  Link to Full Text of Decision

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