Tenant appeals from an order of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), dated April 4, 2006, which denied her motion to dismiss the petition and granted landlord's cross motion for summary judgment in a holdover summary proceeding.

PER CURIAM:

Order (Manuel J. Mendez, J.), dated April 4, 2006, affirmed, with $10 costs.

Landlord was properly awarded summary judgment on the commercial holdover petition, based upon the unrefuted showing that tenant had not validly exercised the right to renew the lease. Tenant undisputedly failed to provide landlord with written notice to renew, but purportedly gave landlord oral notice. A tenant's election to renew a lease agreement must be in strict compliance with the lease terms (see American Realty Co. v 64 B Venture, 176 AD2d 226 [1991], lv denied 79 NY2d 756 [1992]). Tenant's argument that equity should intervene to prevent a forfeiture was not raised below and is not preserved for appellate review (see Douglas Elliman-Gibbons & Ives v Kellerman, 172 AD2d 307, lv denied 78 NY2d 856 [1991]).

We have considered tenant's remaining arguments and find them unavailing.

This constitutes the decision and order of the court.
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Decision Date: February 26, 2007