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VITA v. DOL-FAN, III, INC.

18 Misc.3d 30 (2007)

852 N.Y.S.2d 589

JAMES VITA, Appellant, v. DOL-FAN, III, INC., Respondent.

Supreme Court, Appellate Term, Second Department.

November 29, 2007.

Attorney(s) appearing for the Case

Warren M. Berger, Central Islip, for appellant.

Glynn, Mercer & Purcell, LLP, Stony Brook (Bradley C. Abbott of counsel), for respondent.

RUDOLPH, P.J., McCABE and TANENBAUM, JJ.

OPINION OF THE COURT

MEMORANDUM.

Final judgment affirmed without costs.

In this commercial holdover proceeding, landlord claims that the lease expired on June 7, 2005, that tenant remained in possession thereafter as a month-to-month tenant, and that the month-to-month tenancy was terminated effective March 7, 2006. Tenant defends on the ground that the lease provided for an option to extend the...

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