71 A.D.2d 614 | N.Y. App. Div. | 1979
—In a summary holdover proceeding pursuant to article 7 of the Real Property Actions and Proceedings Law, to recover possession of real property, the petitioner appeals from a judgment of the Supreme Court, Suffolk County, entered August 10, 1978, which, after a nonjury trial, dismissed the proceeding. Judgment affirmed, with costs. The petitioner herein, the landlord of the subject premises, instituted the instant proceeding pursuant to paragraph sixth of his lease with respondent Club Marakesh, Inc. That paragraph states, in pertinent part: "If after the commencement of the term [the] Tenant shall make default in fulfilling any of the covenants of this lease, other than the covenants for the payment of rent or 'additional rent’ or if the demised premises become vacant or deserted, the Landlord may give to the Tenant ten days’ notice of intention to end the