Front Street Restaurant Corp. v. Ciolli

OPINION OF THE COURT

Memorandum.

Ordered that the final judgment is reversed, without costs, and the matter is remitted to the Civil Court for the determination of tenant’s pending motion and landlord’s pending cross motion and for all further proceedings.

Before answering the petition in this commercial holdover proceeding, tenant moved to dismiss, and landlord cross-moved for summary judgment. On February 20, 2014, it was stipulated that the proceeding would be adjourned for argument of the motions (which were both subsequently denied). The stipu lation also provided that tenant would pay use…