the landlord's contention, the tenant's failure to return the keys prior to the expiration of
the lease did not show a failure to surrender (see generally First Natl. City Bank v
Wall St. Leasing Corp., 80 Misc 2d 707, 709 [Civ Ct, New York County 1974).
Furthermore, there was no provision in the lease requiring the tenant to notify the
landlord that he was vacating the apartment. In fact, the "Tenant Cooperation Rider"
stated that such notice was not required. Moreover, the landlord failed to submit
evidentiary proof that the tenant damaged the apartment.
The Supreme Court also erred in denying that branch of the tenant's motion which
was for summary judgment dismissing the landlord's counterclaims. In opposition to his
prima facie showing of entitlement to summary judgment, the landlord failed to raise a
triable issue of fact (see Zuckerman v City of New York, 49 NY2d 557 [1980]).
Rivera, J.P., Leventhal, Roman and LaSalle, JJ., concur.