Commercial Landlord-Tenant—Tenant Never Obtained Permit From Landmarks Preservation Commission (LPC) to Install Flagpole—Eviction Denied—No Evidence LPC Ever Determined There Was a Violation—Landlord Knew of Breach for a Long Time Without Taking Any Action—Tenant Lulled Into Believing Landlord Did Not Object
A landlord commenced a holdover proceeding to evict a restaurant tenant on the grounds that the tenant had failed to comply with a previously issued notice to cure (notice). The tenant had moved for summary judgment dismissing the proceeding. The landlord had cross-moved for summary judgment.
