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159 W. 23rd LLC v. Spa Ciel de NY Corp.

Owner's Failure to Serve Notice of Default Excused as Default Incurable; Dismissal Denied

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Recitation, as required by CPLR §2219(a), of the papers considered in the review of this motion:Papers  NumberedNotices of Motion and Affidavits AnnexedOrder to Show Cause and Affidavits AnnexedAnswering Affidavits and Notice of Cross-MotionReplying AffidavitsExhibitsOtherDECISION/ORDERBACKGROUND Petitioner is the owner and landlord of 159 West 23rd Street, New York NY (the “Premises”). Respondent Spa Ciel De NY Corp (“Spa Ciel”) is the tenant of the basement, first floor and second floor of the Building (“the Premises”) pursuant to a fifteen-year lease between Petitioner’s predecessor and Spa Ciel dated November 9, 2017 (the “Lease”). “XYZ Corp.” is the undertenant of Spa Ciel.Under the terms of the Lease, Spa Ciel was obligated to, among other things: obtain all required approvals and certificates prior to any alterations, additions, installations or improvements to the Premises; ensure all contractors and sub-contractors carried the insurance required by the Landlord as set forth in the Lease; and maintain commercial general liability insurance against claims for bodily injury or death or property damage on the Premises from the date Tenant entered into possession through the term of the Lease (See Terk Affirm. in Supp. at Ex. C [Lease at

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