BMG Enterprises, Inc. v. Bagdon

OPINION OF THE COURT

Michael F. McKeon, J.

*796Petitioner commenced this action by order to show cause and petition dated September 20, 2007 seeking possession of apartment No. 1 located at 125 North Street, Auburn, New York. Petitioner and respondent entered into a written month-to-month lease on December 1, 2005 at a rental rate of $550. In bringing this summary proceeding, petitioner relies on paragraph 8 (5) of the lease which imposes an obligation on the respondent to conduct himself in a manner so as not to disturb his neighbor’s peaceful enjoyment of the premises. A hearing was held on…