Kace Realty Co. v. Levy

OPINION OF THE COURT

Order dated April 30, 1985 unanimously affirmed, without costs, without prejudice to petitioner’s right, if so advised, to commence a new action or proceeding after service of a 30-day notice to the tenant of petitioner’s intent to commence such an action or proceeding to recover possession on the ground *859that the premises are not occupied by the tenant as his primary residence (Administrative Code of City of New York § YY51-3.0 [a] [1] [f]; Emergency Tenant Protection Act of 1974 [L 1974, ch 576, § 4] § 5 [a] [11]).

Landlord commenced the instant holdover proceeding against…