Opinion
570692/04.
Decided March 21, 2006.
Landlord appeals from an order of the Civil Court, New York County (Eileen A. Rakower, J.), entered September 27, 2004, which granted tenant's motion to dismiss the holdover petition for failure to state a cause of action and on the basis of a defense founded upon documentary evidence.
Order (Eileen A. Rakower, J.), entered September 27, 2004, reversed, with $10 costs, motion denied and petition reinstated.
PRESENT: Suarez, P.J., McCooe, Schoenfeld, JJ
Tenant's pre-answer motion to dismiss the commercial holdover proceeding should have been denied. The petition was entitled to the benefit of all favorable inferences as to landlord's claim that tenant's sublease had expired based upon nonpayment of required rent charges or common area maintenance charges. At this juncture, tenant has not conclusively established that an "uncured event of default" ( i.e., nonpayment of rent or other charges) did not occur or that the landlord's notice of default was not properly served.
This constitutes the decision and order of the court.