North 34th Co. v. Wedgewood Garage, Inc.

OPINION OF THE COURT

Seymour Schwartz, J.

In this commercial holdover proceeding, petitioner seeks to remove respondents from the garage premises after expiration *1028of the lease. Respondent Wedgewood Garage has defaulted and respondent Super lease Realties, Inc., doing business as Budget Rent-a-Car (Superlease), remains in possession having originally entered under the terms of a now expired lease.

Superlease moves to dismiss the proceeding and asserts two procedural defenses: (1) failure to serve a prior 30-day notice pursuant to Real Property Law § 232-a and (2) failure to properly effect…