2009-2011 Third Avenue Corp. v. Fifth Avenue Community Center of Harlem, Inc.

OPINION OF THE COURT

Order dated February 3, 1995 reversed, with $10 costs, respondents’ motion to dismiss the petition is denied, and the matter is remanded to the Civil Court for further proceedings on the petition.

Appellant is the over landlord of building premises net leased to tenant Fifth Avenue Community Center of Harlem, Inc. (Fifth Avenue), a not-for-profit corporation, for the purpose of operating a "group home”. Respondents rented space from Fifth Avenue on the second and third floors, which they occupied for residential use. After appellant commenced a nonpayment proceeding upon…