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2955 SHELL ASSOCIATES, L.P., Respondent, v. GHAZI KAYANI et al., Appellants, et al., Defendants.

Ordered that the order and judgment is affirmed insofar as appealed from, without costs or disbursements.

Under the facts of this case, the plaintiff can properly eject the appellants from the subject apartments. The appellants' written leases, by their terms, had expired. Moreover, the appellants did not offer, and the plaintiff did not accept, any rent payments following the expiration of the leases. Therefore, no holdover tenancy was created and the plaintiff is entitled to eject the appellants from the subject apartments ( see, Matter of Jaroslow v Lehigh Val. R. R. Co., 23 NY2d 991; Adams v City of Cohoes, 127 NY 175; Alleyne v Townsley, 110 AD2d 674).

In light of our determination, we need not reach the appellants' remaining contentions.

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SHELL ASSOCIATES v. GHAZI KAYANI
(Dec 2, 1996)