Campbell v. Henry Phipps Plaza South, Inc.

Determination of respondent landlord terminating the tenancy of petitioner tenant, and refusing to renew the lease of the petitioner tenant, unanimously confirmed, and petition dismissed, without costs. This matter properly should have been disposed of at Special Term, but this court may now consider it and determine it on the merits. (CPLR 7804, subd. [g]; Matter of Willow Garden Apts. v. Riker, 36 A D 2d 892; Matter of 125 Bar Corp. v. State Liq. Auth. 24 N Y 2d 174.) The record of the proceedings, transferred to us in this article 78 proceeding, challenging the determination of respondent,…