Sherhan v Numyal Food

[*1] Sherhan v Numyal Food 2004 NY Slip Op 50374(U) Decided on April 27, 2004 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 27, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:PESCE, P.J., GOLIA and RIOS, JJ.
NO. 2003-858 Q C

MOHAMMED SHERHAN, Appellant,

against

NUMYAL FOOD, INC. and THE DOLLAR STORE, Respondents.

Appeal by petitioner from a final judgment of the Civil Court, Queens County

(M. Grays, J.), entered on October 7, 2002, after trial, dismissing the petition.

Final judgment unanimously affirmed without costs.

A commercial licensee proceeding was commenced by Mohammed Sherhan against Numyal Food, Inc. and The Dollar Store, as occupants of the premises
located at "717- 719" Beach 20th Street. In a prior foreclosure proceeding against the
former owner of the premises, the judgment therein was vacated and the action
dismissed as against Sherhan, as tenant of record, on the ground that he was not
served. He alleges in the instant proceeding that he has a possessory interest,
superior to Numyal Food, Inc. and The Dollar Store, in said premises by way of a recorded thirty-year lease. The building located at Beach 20th Street has three
separate stores, with addresses of 715, 717 and 719 Beach 20th Street. The
evidence adduced at trial establishes that the named respondents occupied two separate premises, each having a different address at Beach 20th Street. Under the circumstances, Sherhan was required to commence two independent proceedings to recover possession of the two premises (see City of New York v Mortel, 161 Misc 2d 681 [App Term, 2d & 11th Jud Dists 1994]).
Decision Date: April 27, 2004