LaManna v. DiDonato

OPINION OF THE COURT

Memorandum.

Final judgment reversed without costs and a new trial ordered.

In this holdover proceeding, the petition alleges that occupants are in possession as month-to-month tenants and that landlord terminated their month-to-month tenancy by serving them with a termination notice (Real Property Law § 232-b). On the return date, occupants submitted an answer, which in addition to denying the material allegations of the petition, asserts, inter alia, that they are in possession solely as contract vendees (the performance of which contract was not to be completed within 90…