Carol Management Corp. v. Mendoza

—In a summary proceeding to recover possession of certain leased premises, the landlord appeals, by permission, from an order of the Appellate Term of the Supreme Court for the Second and Eleventh Judicial Districts, dated April 18, 1991, which affirmed an order of the Civil Court, Queens County (Rios, J.), entered May 1, 1990, dismissing the proceeding without prejudice.

Ordered that the order is affirmed, with costs to the respondent Juan Mendoza.

We note that, contrary to the conclusion of the Appellate Term, the landlord in this case was not limited to commencing an action to enforce a…