Opinion
570362/09.
Decided October 22, 2009.
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.
Final judgment (Ernest J. Cavallo, J.), entered on or about September 9, 2008, affirmed, with $25 costs.
PRESENT: McKeon, P.J., Heitler, Shulman, JJ.
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.