Rossinsky Realty Co. v. Farrell

*619OPINION OF THE COURT

Final judgment entered January 10, 1986 reversed, and case remanded for further proceedings consistent with this decision, with $30 costs to abide the event.

The within holdover proceeding was originally brought upon a petition alleging that tenants had sublet and/or assigned the commercial premises without consent. In an earlier appeal, this court reversed the summary dismissal of the petition and directed that the matter proceed to trial (Rossinsky Realty Co. v Farrell, NYLJ, Oct. 25, 1984, at 7, col 2 [App Term, 1st Dept]). Thereafter, landlord served an amended…