Gidina Partners LLC v. Marco, 11 Misc. 3d 21 (2005)

Tenants having failed to establish that the landlord’s commencement of the holdover proceeding was untimely, the dismissal order premised solely on that ground may not stand. We remand the matter for such further proceedings as may be necessary to determine the tenants’ pleaded defense of retaliatory eviction, an issue not addressed in the court’s bench decision. Suarez, EJ., Gangel-Jacob and Schoenfeld, JJ., concur.