Korean Presbyterian South Church v. Rack & Ball Club, Inc.

OPINION OF THE COURT

William D. Friedmann, J.

This summary proceeding seeks to remove respondent as a holdover tenant.

THE ISSUE

It places in focus whether a tenant not made a party to an in rem foreclosure proceeding has the right to remain in possession until the end of its lease term. In other words, what effect, if any, does an in rem procéeding have upon the tenant’s right to possession. Does the tenant have the right as it contends here to remain under an extended lease with a former owner, expiring on March 30, 1991, or is tenant, as the new landlord contends, merely month to month subject…