Thirty-Third Equities Co. LLC v. Americo Group, Inc.

—Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered November 8, 2001, which, in an action to recover use and occupancy, granted plaintiif landlord’s motion for summary judgment and dismissed defendant’s counterclaims, unanimously affirmed, without costs.

The tenant argues that the landlord’s acceptance of rent payments after expiration of the five-year lease term at the same monthly rate as the tenant paid during the lease term established the tenant as a month-to-month tenant not subject to the lease clause obligating it to pay use and occupancy of 2V2 times the monthly…