Cure period for commercial lease started when notice of termination given, not when demand made for estoppel certificate.

LL was wrong to count cure period from date estoppel certificate was demanded of tenant.


Plaintiff. a commercial tenant, was asked by its landlord to produce an estoppel certificate, but failed to do so. The landlord competed a sale of the property to the defendant. After the sale, defendant new landlord served the tenant with a notice of termination premised on the failure to produce the estoppel certificate. In an action seeking a declaration that it did not breach the commercial lease, and for discharge of the bond given as a condition for the issuance of a Yellowstone injunction, the plaintiff tenant claimed, and was upheld by the court, that the cure period began on service of the notice of termination, not whent the estoppel certificate was demanded.

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Reference Info:Decision | State, 2nd Circuit, New York | United States

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