North Shore Community Services, Inc. v. Lehrfeld

OPINION OF THE COURT

Scott Fairgrieve, J.

*437Issues

Did the landlord’s delay in commencing this summary proceeding for over a year after the expiration of the three-year lease create a tenancy by sufferance, which would then require a notice to quit to be served upon respondent as a condition precedent to a summary proceeding?

Facts

The petitioner North Shore Community Services, Inc. commenced this holdover proceeding against the respondent Jerome Lehrfeld, M.D. and the undertenants Jeffrey M. Caruso, D.O. and Lehrfeld M.D. and Caruso D.O. LLP. The subject premises is a medical office located at 797…