780 P.P. Associates v. Roth

OPINION OF THE COURT

Anthony J. Fiorella, Jr., J.

Respondent moves for summary judgment pursuant to CPLR 3212 upon the ground that petitioner’s commencement of a nonpayment proceeding during the pendency of a holdover proceeding has vitiated the prior termination notice and has reinstated respondent’s tenancy.

Landlord commenced a holdover proceeding in February of 1988 following service of a 10-day notice to cure and a 30-day notice to terminate in November of 1988. Landlord alleged that tenant’s conduct in and about the premises constituted a nuisance: tenant threatened elderly tenants with…