Reckson Operating Partnership v. LJC Corp – Case Brief Summary (New York)

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

It was held that the language of the lease that required the 10-day notice provision was a condition precedent to a termination of the lease and commencement of a holdover proceeding, not as a condition precedent to the maintenance of a nonpayment proceeding. Id.