Bronx Riv. Rd. Realty, LLC v O'Connor

[*1] Bronx Riv. Rd. Realty, LLC v O'Connor 2015 NY Slip Op 51065(U) Decided on July 7, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 7, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : TOLBERT, J.P., MARANO and CONNOLLY, JJ.
2014-2121 W C

Bronx River Road Realty, LLC as Successor to VIKROK ASSOC. CORP., Respondent, July 7, 2015 MICHAEL O'CONNOR, Tenant, -and

against

John O'Connor, Appellant.

Appeal from an order of the City Court of Yonkers, Westchester County (Thomas R. Daly, J.), entered January 16, 2014. The order denied the branch of tenant John O'Connor's motion seeking to be restored to possession in a holdover summary proceeding.

ORDERED that the order is affirmed, without costs.

In this holdover proceeding, John O'Connor (tenant) appeals from an order of the City Court which denied the branch of his post-eviction motion seeking to be restored to possession. "Restitution upon motion is discretionary" (Golde Clothes Shops, Inc. v Loew's Buffalo Theatres, Inc., 236 NY 465, 471 [1923]), and, in all the circumstances presented, including the presence of a new tenant in the premises, we find that the City Court did not improvidently exercise its discretion in denying tenant's motion to be restored to possession (see Adelphi Assoc., LLC v Gardner, 18 Misc 3d 132[A], 2008 NY Slip Op 50085[U] [App Term, 2d & 11th Jud Dists 2008]).

Accordingly, the order is affirmed.

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

Decision Date: July 07, 2015