Malloy v. Club Marakesh, Inc.

—In a summary holdover proceeding pursuant to article 7 of the Real Property Actions and Proceedings Law, to recover possession of real property, the petitioner appeals from a judgment of the Supreme Court, Suffolk County, entered August 10, 1978, which, after a nonjury trial, dismissed the proceeding. Judgment affirmed, with costs. The petitioner herein, the landlord of the subject premises, instituted the instant proceeding pursuant to paragraph sixth of his lease with respondent Club Marakesh, Inc. That paragraph states, in pertinent part: "If after the commencement of the term [the]…