Reckson Operating Partnership, LP v. LJC Corporation – Case Brief Summary (New York)

In Reckson Operating Partnership, LP v. LJC Corporation, 17 Misc 3d 138[A], 856 N.Y.S.2d 26, 2007 NY Slip Op 52335[U](9th and 10th Jud Dists 2007) the tenant moved to dismiss the petition arguing that the landlord was required, under the terms of the lease, to serve a 10-day notice of default as a condition precedent to maintaining the proceeding, and that the landlord failed to do so.

The Appellate Term held that the language of a lease which required the giving of a 10-day notice only if the landlord elected to treat the tenant's nonpayment of rent as an "Event of Default" and to terminate the lease based thereon did not require the landlord to treat the tenant's nonpayment of rent as an "Event of Default" or did it foreclose the landlord from maintaining a nonpayment proceeding without serving a 10-day notice.

Consequently, the fact that a 10-day notice was not served did not provide the basis for dismissal of the nonpayment petition.