Park Summit Realty Corp. v. Frank

The basic facts have been developed in the Appellate Term’s Per Curiam affirming the dismissal of this holdover proceeding (107 Misc 2d 318). By way of background, it should also be observed that, from the very commencement of the lease on July 1, 1975, a dispute arose between the parties because of a leak in the tenant’s apartment. The tenant stopped paying his rent for two extended periods of time. The first nonpayment proceeding was settled when the landlord agreed to a 50% abatement of three months’ rent. A second nonpayment proceeding terminated in an Appellate Term order directing a 50%…