85 A.D.2d 604 | N.Y. App. Div. | 1981
In a proceeding by the executors of the estate of Nicholas A. Piccione to evict holdover tenants from realty owned by the estate, the appeal is from an order of the Surrogate’s Court, Nassau County (Delin, S.), dated November 7, 1980, which directed appellants to vacate the premises. Order reversed, on the law, without costs or disbursements, and proceeding dismissed. No findings of fact were presented for review. Petitioners are co-executors of the estate of Nicholas A. Piccione, who owned real property at the time of his death. The property is now an asset of the estate. A lease of the property from decedent to appellants’ sublessor expired on June 30, 1980. Petitioners alleged that on May 1, 1980 they informed appellant All Craft Finishing, Inc., in writing, that they had entered into a contract for the sale of the demised premises and that All Craft was expected to vacate the premises by the end of the lease term. All Craft claimed hardship, and after negotiations the surrender date was changed to August 1, 1980, then August 15, 1980.
The parties agree that after the lease term expired, appellants became statutory month-to-month tenants (see Real Property Law, § 232-c).