Appellate Terms of the Supreme Court of New York March 29, 2017 (Hillside Place, LLC v. Shahid)

OPINION OF THE COURT

Memorandum.

Ordered that the order, insofar as appealed from, is reversed, without costs, landlord’s cross motion to, on the ground of abandonment, “dismiss” the petition and strike the counterclaims is denied, and the matter is remitted to the Civil Court for a new determination of the branch of tenant’s motion seeking relief pursuant to CPLR 3126.