1804 Wash. Ave. Corp. v Lindhe

[*1] 1804 Wash. Ave. Corp. v Lindhe 2007 NY Slip Op 50651(U) [15 Misc 3d 130(A)] Decided on April 3, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 3, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McCooe, J.P., Davis, Schoenfeld, JJ
570935/05.

1804 Washington Avenue Corp., Petitioner-Landlord-Respondent,

against

Peter Lindhe, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), dated October 20, 2005, which granted landlord's motion for summary judgment of possession in a holdover summary proceeding.

PER CURIAM:

Appeal from order (Geoffrey D. Wright, J.), dated October 20, 2005, deemed an appeal from a final judgment (Geoffrey D. Wright, J.), entered on or about the same date, which awarded possession to petitioner, and so considered, final judgment, affirmed, with $25 costs.

Appellant failed to establish adverse possession and/or prescriptive easement with respect to the rear yard of the building premises, there being no showing that his entry into or use of the outdoor area was hostile or under claim of right (see 1380 Madison Ave., LLC v 17 East Owners Corp., 12 AD3d 156 [2004]). The record conclusively demonstrates that appellant's use of the rear yard was, at best, by license revocable at petitioner's will, and not through any tenancy interest.

This Constitutes the Decision and Order of the Court.
I concur I concur I concur
Decision Date: April 3, 2007