601 West 160 Realty Corp. v. Henry

*353OPINION OF THE COURT

Memorandum.

Judgment unanimously affirmed with $30 costs.

The underlying facts are accurately set forth in the opinion of the court below (183 Misc 2d 666). While we are generally in agreement with the lower court’s analysis and conclusions of law, a few clarifications and corrections are required. In our view, section 223-b of the Real Property Law applies to nonpayment proceedings under this type of fact pattern. A nonpayment proceeding is a “summary proceeding to recover possession of real property” (Real Property Law § 223-b [1]), as evidenced by RPAPL 711 being included…