Opinion
2009-993 K C.
Decided April 5, 2011.
Appeal from an order of the Civil Court of the City of New York, Kings County (Lisa S. Ottley, J.), entered April 28, 2009, deemed from a final judgment of the same court entered April 28, 2009 (see CPLR 5512 [a]). The final judgment, entered pursuant to the April 28, 2009 order, in effect, granting petitioner's motion for leave "to reargue" the petition, which sought to restore petitioner to possession in a commercial lockout proceeding (see RPAPL 713), which petition had been dismissed by "order" dated February 17, 2009, and, upon "reargument," adhering to the prior "order," dismissed the petition.
ORDERED that the final judgment is affirmed, without costs.
PRESENT: WESTON, J.P., GOLIA and RIOS, JJ.
In this summary proceeding to be restored to possession of a non-residential premises, suite A at 365 Jay St., Brooklyn, New York ( see RPAPL 713), petitioner submitted only incomplete and conflicting documentation in support of its claim that it had a valid sublease to the premises. In these circumstances, the Civil Court properly dismissed the petition.
Accordingly, the final judgment is affirmed.
Weston, J.P., Golia and Rios, JJ., concur.