Berger East Corp. v. Grigg

*77OPINION OF THE COURT

Order entered October 31, 2003 modified to deny tenant’s cross motion to dismiss and to grant landlord’s motion to the extent of reinstating the petition and restoring the proceeding to the trial calendar; as modified, order affirmed, without costs.

This nonprimary residence holdover proceeding, commenced in December 2001, was marked off the calendar on consent in February 2002 pending completion of discovery. The petitioner landlord’s motion to restore, made approximately 18 months later and after tenant was deposed, should have been granted upon landlord’s (unchallenged)…