Huguenot Stas., Inc. v 755 W.P.R., LLC

[*1] Huguenot Stas., Inc. v 755 W.P.R., LLC 2015 NY Slip Op 50480(U) Decided on March 26, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 26, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : MARANO, P.J., IANNACCI and TOLBERT, JJ.
2013-1376 W C

Huguenot Stations, Inc., Respondent,

against

755 W.P.R., LLC, Appellant, SAM JACOBY, Tenant, -and- "JOHN DOE" and "JANE DOE," Undertenants.

Appeal from a final judgment of the Justice Court of the Town of Eastchester, Westchester County (Domenick J. Porco, J.), entered July 11, 2013. The final judgment, entered pursuant to a decision of the same court dated June 26, 2013, insofar as appealed from as limited by the brief, after a nonjury trial, awarded possession to landlord as against tenant 755 W.P.R., LLC in a holdover summary proceeding.

ORDERED that, on the court's own motion, the notice of appeal from the decision dated June 26, 2013 is deemed a premature notice of appeal from so much of the final judgment entered July 11, 2013 as awarded possession to landlord (see CPLR 5520 [c]); and it is further,

ORDERED that the final judgment, insofar as appealed from, is affirmed, without costs.

In this commercial holdover proceeding based upon the termination of an alleged month-to-month tenancy, 755 W.P.R., LLC (tenant) appeals, as limited by its brief, from so much of a final judgment as, after a nonjury trial, awarded possession to landlord as against it.

The testimony and documentary evidence introduced at trial amply support the Justice Court's determination that, subsequent to the April 5, 2012 Bankruptcy Court order canceling any and all existing leases and subleases for the premises, landlord and tenant entered into an agreement for a new month-to-month tenancy, and not for an attornment to tenant's former purported sublease. Accordingly, the final judgment, insofar as appealed from, is affirmed.

Marano, J.P., Iannacci and Tolbert, JJ., concur.

Decision Date: March 26, 2015