Opinion
February 1, 1999
Appeal from the Supreme Court, Kings County (Jones, J.).
Ordered that the orders are affirmed, without costs or disbursements.
The plaintiff's motion for partial summary judgment was properly granted. The plaintiff, a landlord, effectively terminated the defendants' respective leases, as it was permitted to do under Section 8 of each lease, due to the defendants' respective failures to pay the rent due thereunder. Since there was no valid Certificate of Occupancy, a summary proceeding to recover possession does not lie. Under these circumstances, the plaintiff was entitled to partial summary judgment on its causes of action for ejectment ( see, 99 Commercial St. v. Llewellyn, 240 A.D.2d 481).
The defendants' remaining contentions are either without merit or academic.
Joy, J. P., Krausman, Florio and Luciano, JJ., concur.