EAST HAMPTON FLIGHT v. TOWN OF EAST HAMPTON

ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiffs were entitled to summary judgment against the appellant on the issue of liability. The plaintiffs and the appellant entered into a month-to-month tenancy. It was undisputed that the appellant gave no notice or demand for rent before removing the plaintiffs' property and re-letting the leased premises ( see, Real Property Law § 232-b; Kepo, Inc. v. Romano, 85 A.D.2d 621). Contrary to the appellant's contentions, the evidence did not establish that the plaintiffs abandoned or surrendered the premises ( cf., Ritz Entertainment Org. v. Unity Gallega of U.S., 166 A.D.2d 186).