Summary
In 2268 Church Ave, LLC v. Clarke (48 Misc 3d 127[A], 18 NYS3d 581 [App Term 2nd Dep't 2015]), the appellate court affirmed the trial court's dismissal of the petition in a holdover proceeding predicated upon a termination notice and petition alleging that there was a tenancy "by monthly hiring" where there was no proof introduced at trial to support these allegations and no motion to conform the pleadings to the proof.
Summary of this case from Nugarese, Inc. v. MartinezOpinion
No. 2013–2662 K C.
2015-06-16
2268 CHURCH AVENUE, LLC, Appellant, v. Terrance CLARKE, Terrence A. Clarke doing business as Strictly Vegetarian, Respondents, and “XYZ CORP.”, “JOHN DOE” and “JANE DOE”, Undertenants.