115-87 OWNERS CORP. v. DOLGER

IAS correctly found, in view of the no waiver clause and other circumstances, that plaintiff did not waive defendants' violation of the proprietary lease in maintaining a professional practice in their apartment (see, Monarch Information Servs. v. 161 William Assocs., 103 A.D.2d 703). However, the failure to provide a postjudgment cure period pursuant to RPAPL 753 (4) was error, and we modify accordingly (see, Nestor v. McDowell, 81 N.Y.2d 410, 414, citing Killington Investors v. Leino, 148 A.D.2d 334, 336). We have considered the parties' other contentions and find them to be without merit.

Concur — Carro, J.P., Wallach, Asch, Nardelli and Williams, JJ.