Opinion
October 24, 1995
Appeal from the Supreme Court, New York County (Lorraine Miller, J.).
There is no merit to plaintiff's contention that defendants' failure to initiate holdover proceedings or demand rent during plaintiff's holdover period should estop them from seeking payment for use and occupancy ( see, 1400 Broadway Assocs. v. Lee Co., 161 Misc.2d 497, 500). Plaintiff's remaining contentions are also without merit or improperly raised for the first time on appeal ( Aguirre v. City of New York, 214 A.D.2d 692, 694).
Concur — Rosenberger, J.P., Rubin, Ross, Nardelli and Mazzarelli, JJ.