1251 Ams. Assoc., II, L.P. v Rock 49th Rest. Corp.

[*1] 1251 Ams. Assoc., II, L.P. v Rock 49th Rest. Corp. 2009 NY Slip Op 50790(U) [23 Misc 3d 134(A)] Decided on April 27, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 27, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570075/06.

1251 Americas Associates, II, L.P., f/k/a 1251 Americas Associates, L.P., Petitioner-Landlord-Appellant,

against

Rock 49th Restaurant Corp., d/b/a City Lobster & Crab Co., Respondent-Tenant-Respondent.

Landlord appeals from a final judgment of the Civil Court of the City of New York, New York County (Saliann Scarpulla, J.), entered on or about August 1, 2007, after a nonjury trial, in favor of tenant dismissing the petition in a holdover summary proceeding.

Per Curiam. Final judgment (Saliann Scarpulla, J.), entered on
or about August 1, 2007, affirmed, with $25 costs, for the reasons stated by Saliann Scarpulla, J. at Civil Court.

THIS CONSTITUTES THE ORDER OF THE COURT.
Decision Date: April 27, 2009