Glenbriar Company v. Nesbitt

In Glenbriar Company v. Nesbitt, 174 Misc.2d 547 (Civ. Ct., Bronx Co. 1997), the court came to a directly contrary determination. The court in Glenbriar determined that "the landlord-tenant relationship remains intact notwithstanding the landlord's prior notices advising the tenant of the landlord's intention not to maintain that relationship. In this regard, it would be highly prejudicial to a landlord if he or she had no recourse to collect rent that becomes due and owing during the tenancy up to the date the lease expires." (174 Misc.2d at 550.) Continued the court, "the petitioner having commenced a non-payment proceeding to collect only the rent due through the lease term and having commenced said proceeding prior to the expiration of that term, it is the opinion of this Court that such action was not inconsistent with the intent to terminate the tenancy. The petitioner was not seeking anything more than that to which it was legally entitled to during the pendency of the lease." (Id.)