Marick Real Estate, LLC v. Ramirez

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed without costs.

Landlord commenced this holdover proceeding to recover possession of a rent-stabilized apartment located on the third floor of a nonfireproof multiple dwelling. In the notice to cure, landlord alleged that tenants’ “child care business” violated material terms of the lease which restrict the premises’ use to residential purposes, bar conduct that increases landlord’s insurance costs, and prohibit violations of the law. Aside from the claim that tenants operated a business not permitted in a residential building, the…