The IAS Court properly rejected, without a hearing, defendant's contention that he was not served with notice to vacate. His conclusory denial was not accompanied by "further probative facts" that would require a traverse hearing (Public Adm'r of County of N.Y. v. Markowitz, 163 A.D.2d 100, 101; cf., Matter of St. Christopher-Ottilie [Devon M.], 169 A.D.2d 690). The defendant's tender of rent checks, which plaintiff lender's counsel retained for some time without negotiating them does not create a tenancy absent indicia that equitable estoppel is justified (see, Doubledown Realty Corp. v. Gibbs, 122 Misc.2d 32, 34-35, affd sub nom. Doubledown Realty Corp. v. Harris, 128 Misc.2d 403). The fact that defendant asserts his status as a tenant while being, at the same time, a principal of the landlord and a guarantor of the mortgage, clearly militates against the intervention of equity here. We have considered the defendant's remaining arguments and find them to be without merit.

Concur — Carro, J.P., Wallach, Kupferman, Ross and Williams, JJ.