In this landlord and tenant proceeding the landlord is seeking to oust the tenant on the theory that the tenant is a month to month tenant, and is holding over and continues in possession without the landlord's permission by reason of the second portion of subdivision (g) of section 8 of the Commercial Rent Law (L. 1945, ch. 3, as amd.). Said pertinent portion reads as follows: "a tenant in possession under a lease not yet expired...
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