Landlord appeals from an order of the Civil Court of the City of New York, New York County (Anil C. Singh, J.), dated December 8, 2010, which granted tenant's motion for summary judgment dismissing the petition in a holdover summary proceeding.

Per Curiam.

Order (Anil C. Singh, J.), dated December 8, 2010, reversed, with $10 costs, motion denied, petition reinstated, and matter remanded for further proceedings, including disposition of landlord's cross motion to strike tenant's affirmative defenses.

This holdover proceeding is not susceptible to summary disposition. The May 2008 Yellowstone injunction issued by Supreme Court, which restrained landlord from terminating the governing commercial lease agreement based on tenant's purported conduct in "affixing a flag or banner" to a flagpole attached to the building's facade, did not bar landlord from terminating the tenancy and maintaining this August 2010 holdover proceeding based on the conditional limitation provision in the lease triggered by the tenant's alleged late payment of rent (see generally Manhattan Parking Sys.-Serv. Corp. v Murray House Owners Corp., 211 AD2d 534, 535-536 [1995]). Nor does the provision in Supreme Court's order directing tenant to pay rent to the then-landlord preclude the current landlord from enforcing all rights and remedies under the lease (see Real Property Law § 223). We remand the matter for disposition of landlord's cross motion to strike tenant's affirmative defenses - denied below as moot - and for further proceedings on the holdover petition.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 05, 2012