Tenants appeal from an order of the Civil Court, Bronx County, dated May 6, 2003 (Sheldon J. Halprin, J.) denying their motion for summary judgment and granting landlords' cross motion for summary judgment against respondents in a holdover summary proceeding.

PER CURIAM:

Order dated May 6, 2003 (Sheldon J. Halprin, J.) affirmed, with $10 costs.

Civil Court had jurisdiction to entertain the holdover petition to evict respondents as holdover month-to-month tenants pursuant to RPAPL § 711. The landlord-tenant relationship did not merge into a vendor-vendee relationship because the contract of sale for the cooperative apartment never became effective absent delivery of an executed copy (see Mendoza v Rubin, 309 AD2d 712). Moreover, the conduct of the parties subsequent to execution of the contract, including tenants' payment of rent for 17 months and the lack of any activity to close the transaction, confirms the intention of the parties to preserve the landlord-tenant relationship (see Hadlick v DiGiantommaso, 154 AD2d 338; Barbarita v Shilling, 111 AD2d [*2]
200).

This constitutes the decision and order of the court.