Pecenik v. Adam

OPINION OF THE COURT

Samuel Greenstein, J.

The issue before the court in this instant motion is whether, upon consent of the parties, a nonpayment summary proceeding can be “converted” into a holdover proceeding. The proceeding for nonpayment of rent in this instant matter was commenced by petitioner in mid-July, 1980, against respondent. When the parties appeared in the Landlord and Tenant Part of the Civil Court in early August, 1980, they entered into a written stipulation to “convert” the nonpayment proceeding into a holdover proceeding. The warrant of eviction was stayed until October 12,…