In Aponte v. Santiago (165 Misc 2d 968 [Civ Ct, NY County 1995]), the tenants were holding over after the expiration of a lease of a basement apartment. Occupancy was said to be unlawful in that action, and the landlord brought an action for ejectment in the Civil Court of the City of New York. The court held, as is pertinent to the present inquiry (at 972): "A further question which should be addressed is whether plaintiffs were required to serve a notice terminating defendant's tenancy prior to the commencement of this action. At common law, a previous demand or notice to quit was unnecessary to commence an action to recover real property. (13 Carmody-Wait 2d, Action to Recover Real Property 89-118, 89-119, at 722-723.) Since RPAPL article 6 did not modify this principle of the common law, service of a notice of termination is not required as a condition precedent in this action. (Alleyne v. Townsley, supra; Southside Dev. Co. v. Mitchell, 156 AD2d 268 [1st Dept 1989].) Consequently, a crucial distinction between the statutory summary proceeding previously commenced by plaintiffs and this action is the fact that a termination notice was not a jurisdictional predicate herein. (2 Warren's Weed, op. cit., 1.02.)"