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16-375. 206 WEST 121ST STREET HOUSING DEVELOPMENT FUND CORPORATION, pet-land-app, v. SHIRLEY JONES, res-land-res — Order (Jack Stoller, J.), dated April 8, 2016, insofar as appealable, reversed, with $10 costs, tenant’s motion to dismiss the petition denied, and the petition reinstated.

Tenant’s motion to dismiss the underlying holdover proceeding should have been denied. Landlord was not required to serve a notice of termination, either under the provisions of the lease or pursuant to Real Property Law §232-a, since the fixed term of the lease expired and the tenancy was unregulated (see Adams v. City of Cohoes, 127 NY 175, 182-183 [1891]; Yettaben Realty, LLC v. Hae Sook Nam, NYLJ, December 8, 1999, at 26, col 1 [App Term, 1st Dept 1999]; 2 Dolan, Rasch’s Landlord and Tenant-Summary Proceedings §30:15 [4th ed 1998]). There is no indication that any month-to-month tenancy was ever created and landlord commenced the proceeding promptly upon expiration of the lease.

 
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