Jefferson Valley Mall Limited Partnership v. Franchise Acquisition Group, Inc.

OPINION OF THE COURT

Memorandum.

Final judgment reversed without costs and petition dismissed.

Tenant’s motion to dismiss this nonpayment proceeding based on the pendency of the previously commenced ejectment action should have been granted. The act of commencing an ejectment action is deemed a reentry by landlord into possession, and an election by landlord of the remedy of terminating the lease for breach of a condition (Janes v Paddell, 74 Misc 409 [App Term 1911]; 518 E. 80th St. Co., LLC v Smith, NYLJ, Jan. 29, 2003, at 19 [Civ Ct, NY County]; 2 Dolan, Rasch’s Landlord and Tenant — Summary…