ATM Four v. Ramos

In ATM Four v. Ramos (188 Misc. 2d 310 [Dist Ct, Nassau County 2001]), the court interpreted Conlon (supra) as standing for the proposition that absent the new amendments a court was without discretion to address a situation such as that at bar, because "a tenant's failure or refusal to accept an order of a renewal lease within the time period specified by law is not, by its nature, curable." The court further interpreted 9 NYCRR 2503.5 (b) (2) as in effect administratively reversing Conlon, and establishing the proposition that "a default occasioned by a tenant's failure to timely renew a lease, can be effectively cured where the tenant remains in occupancy and continues to pay the applicable rent." (At 313.)