Opinion
570368/07.
Decided July 16, 2008.
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ.
Respondents Paul Ziek, Edward Ziek and Savant Services Corp. appeal from a final judgment of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), entered April 25, 2007, which, upon granting landlord's motion for summary judgment, awarded landlord possession and a recovery of rent arrears in the amount of $28,853 in a commercial nonpayment summary proceeding.
Final judgment (Geoffrey D. Wright, J.) entered April 25, 2007, affirmed, with $25 costs.
Landlord was properly awarded summary judgment on the nonpayment petition, it being undisputed that the named commercial tenant failed to pay the rent reserved under the governing office lease agreement. No triable issue is raised by respondents' purported residential use of a portion of the demised premises. The lease unambiguously stated that the office space was to be used solely for commercial purposes, and to the extent that any portion thereof was unlawfully used for living purposes, it afforded no basis for relief to respondents in this proceeding ( see Mesiti v Upam Realty Corp., 185 AD2d 336; 129 East 56th Street Corp. v Harrison, 122 Misc 2d 799).
We have considered respondents' remaining arguments, including their claim of illusory tenancy, and find them lacking in merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.