Landlord appealed from a Civil Court final judgment in tenant’s favor dismissing this commercial holdover summary petition. The proceeding was based on allegations tenant, an 800-car garage facility in landlord’s Mitchell-Lama residential complex, breached its lease by failing to account for increased parking charges it collected from tenants. Tenant applied and received approval from DHCR of its application for an increase in monthly parking rates charged to the residential tenants. Landlord served a notice to cure alleging tenant breached the lease by failing to provide an accounting so that landlord could determine the amount of additional rent to be paid, as required by the parties’ lease. Tenant sent landlord a package of residential lease agreements with parking space numbers for each tenant, and landlord terminated the lease. A Yellowstone action by tenant was dismissed as untimely, but civil court found tenant did account, dismissing the holdover. Based on evidence adduced at trial the panel found the lease required tenant to pay a percentage of increases in parking charges tenant collected, as additional rent. It ruled the package tenant provided was insufficient to constitute an accounting, thus, judgment was reversed and landlord awarded a possessory judgment.