Metropolitan Insurance/Annuity Co. v. Rowinski

OPINION OF THE COURT

Sheldon Halprin, J.

*478Respondent moves for an order dismissing this holdover proceeding pursuant to CPLR 3211 (a) (1), (2) and (7) and CPLR 409 (b). Specifically respondent alleges that the petitioner accepted rent for August 2004, a period subsequent to the termination date and prior to the commencement of the proceeding.

The notice of nonrenewal based on the claim of nonprimary residence has a date of July 31, 2004 for expiration of the tenancy. The landlord, however, billed respondent for August 2004 rent in the sum of $1,419.221 which respondent Thomas Rowinski remitted…