Landlord appeals from an order of the Civil Court, New York County, dated May 21, 2004 (Michelle D. Schreiber, J.) which denied its motion for summary judgment and granted tenants' cross motion for summary judgment dismissing the petition in a holdover summary proceeding.

PER CURIAM:

Order dated May 21, 2004 (Michelle D. Schreiber, J.) affirmed, with $10 costs.

"A history of repeated nonpayment proceedings brought to collect chronically late rental payments supports an eviction proceeding on the ground that the tenant has violated a 'substantial obligation' of the tenancy" (Adam's Tower Ltd. Partnership v Richter, 186
Misc 2d 620, 621 [2000]). In the absence of any claim or showing by landlord that the rent delinquencies now complained of caused it to institute a single nonpayment proceeding against the tenants or to otherwise resort to legal process to enforce the tenants' rental obligations, we agree that no possessory remedy is available to the landlord in the within holdover eviction proceeding.

This constitutes the decision and order of the court.
Decision Date: June 27, 2005