Administrator of Veterans Affairs v. Whyte

OPINION OF THE COURT

Barbara Gunther Zambelli, J.

The question presented in this holdover proceeding is whether a landlord-tenant relationship is created by the terms *311of an installment contract for the sale of real property. This issue is raised in respondent’s motion for summary judgment.

According to respondent, in 1980, Julian King executed the installment contract herein with petitioner for the purchase of real property located at 223 South Sixth Avenue in Mount Vernon. Under paragraphs 4, 5, and 6 of the contract, the sale price of the property is $30,000, with a down payment of $2,500. The…