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DARWIN MANAGEMENT LLC, pet-app, v. AVENUE C FOOD CORP., RES-RES. AND “ABC CORP” AND “XYZ INC.”, res-und

13-328. DARWIN MANAGEMENT LLC, pet-app, v. AVENUE C FOOD CORP., RES-RES. AND "ABC CORP" AND "XYZ INC.", res-und — Final judgment (Frank P. Nervo, J.), entered January 17, 2013, reversed, without costs, and final judgment awarded to landlord on its cause of action for possession. Execution of the warrant of eviction shall be stayed for 30 days.

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13-328. DARWIN MANAGEMENT LLC, pet-app, v. AVENUE C FOOD CORP., RES-RES. AND “ABC CORP” AND “XYZ INC.”, res-und — Final judgment (Frank P. Nervo, J.), entered January 17, 2013, reversed, without costs, and final judgment awarded to landlord on its cause of action for possession. Execution of the warrant of eviction shall be stayed for 30 days.

Our authority to review the record developed at a bench trial and render the judgment warranted by the facts is as broad as that of the trial court (see Northern Westchester Professional Park Assoc. v. Town of Bedford, 60 NY2d 492, 499 [1983]). Exercising that authority here, and adopting the trial court’s own fully supported factual finding that the commercial tenant did not cure the lease default complained of — its unauthorized installation of an ATM machine outside the mixed-use building premises — until roughly two weeks after the deadline date specified in landlord’s cure notice, we award landlord the possessory judgment sought in the holdover petition. The commercial lease terminated upon tenant’s failure to timely cure (see Runes v. Douglas Elliman-Gibbons & Ives, 83 AD2d 805 [1981]), and the court was without power to revive the terminated lease (R.P.S.P. Pasta Corp. v. Tor Valley, Inc., 229 AD2d 783, 784 [1996]).

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