28 Mott Street Co. v. Summit Import Corp.

This appeal is from an order of Appellate Term, which unanimously reversed a final judgment of the Civil Court dismissing the petition in a holdover proceeding, and directed judgment in favor of petitioner-respondent landlord and the issuance of a final order against respondent-appellant tenant. The landlord instituted the proceeding by service of a 30-day notice as required by section 232-a of the Real Property Law.

The underlying circumstances are most unusual. The record of the trial discloses that in 1963 the landlord, through the tenant’s efforts, purchased a commercial building. A…