Osborne v. Moutafis

OPINION OF THE COURT

Memorandum.

Final judgment unanimously affirmed without costs.

Landlord commenced the instant commercial summary holdover proceeding to recover possession of the premises. Absent the parties’ contrary intent, the purchase contract, executed before the commercial lease expired, merged the landlord-tenant relationship into that of vendor-vendee in possession (Barbarita v Shilling, 111 AD2d 200, 201-202 [1985]; Neuhaus v McGovern, 195 Misc 2d 613, 614 [App Term, 9th & 10th Jud Dists 2002]), barring the commencement of a summary proceeding against the vendee, the equitable owner…