Opinion
No. 2013–1376WC.
03-26-2015
HUGUENOT STATIONS, INC., Respondent, v. 755 W.P.R., LLC, Appellant, Sam Jacoby, Tenant, and “John Doe” and “Jane Doe,” Undertenants.
Opinion
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.