Appellate Terms of the Supreme Court of New York July 11, 1977 (Klugherz v. Sutphin Food Shop, Inc.)

Memorandum. Order modified by providing that the denial of tenant’s motion be without prejudice to the institution of a plenary suit by tenant, if it be so advised; as so modified, affirmed without costs.

In this nonpayment summary proceeding, the parties en*263tered into a stipulation of settlement and a final judgment was entered thereon.