C.D. Kobsons, Inc. v Mojali

[*1] C.D. Kobsons, Inc. v Mojali 2009 NY Slip Op 52143(U) [25 Misc 3d 131(A)] Decided on October 22, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 22, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Heitler, Shulman, JJ
.

C.D. Kobsons, Inc. Petitioner-Landlord-Respondent,570362/09

against

Mohamed S. Mojali, Respondent-Tenant-Appellant, -and- 311 Grocers Corp., 10th Avenue Gourmet #1, Abdulla Ahmed, John Doe Corp. Respondents-Undertenants.

Tenant Mojali appeals from a final judgment of the

Civil Court of the City of New York, New York County (Ernest J. Cavallo, J.), entered on or about September 9, 2008, after a nonjury trial, which awarded landlord possession in a holdover summary proceeding.
Per Curiam.

Final judgment (Ernest J. Cavallo, J.), entered on or about September 9, 2008, affirmed, with $25 costs.

Landlord was properly awarded a possessory judgment after trial on the commercial holdover petition. The trial court properly rejected tenant's claim that landlord knew of and acquiesced in the alleged residential use of the premises. Notably, the space was originally rented to tenant under a written lease agreement limiting his use of the premises to "office and storage" space above his storefront premises. Viewed in context and in light of the circumstances under which it was sent, the June 01, 2005 letter sent to tenant by landlord's principal cannot reasonably be read as evincing landlord's approval of the substantial lease violation established at trial.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: October 22, 2009