Harris v. Timecraft Industries, Inc.

*387OPINION OF THE COURT

Richard S. Lane, J.

Herein is raised, in an apparently novel setting, the issue of election of remedies between a nonpayment and a holdover summary proceeding.

Tenant first entered into possession of the 14th floor loft at 36 West 25th Street in late 1979 under a sublease, and continued in possession under a lease dated April 24, 1980 for a term expiring January 31, 1985. An initial holdover proceeding in 1985 was dismissed by Judge Silberman upon a finding that an exchange of correspondence in December 1983 and January 1984 constituted an extension of the lease through…