Opinion
2002-08828
Submitted October 7, 2003.
November 10, 2003.
In an action, inter alia, for a judgment declaring that the plaintiff is entitled to possession of certain leased premises, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (O'Connell, J.), entered July 26, 2002, which denied its motion pursuant to CPLR 3001 for immediate possession of the subject premises and declared that the defendant Marsan Realty Corp. is entitled to possession.
Ryan, Brennan Donnelly, LLP, Floral Park, N.Y. (John M. Donnelly of counsel), for appellant.
Martins Silva, Mineola, N.Y. (Jack M. Martins of counsel), for respondent Marsan Realty Corp.
Before: FRED T. SANTUCCI, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order and judgment is affirmed, with costs.
The issuance of a warrant of eviction terminates a landlord-tenant relationship ( see RPAPL 749; Iltit Assoc. v. Sterner, 63 A.D.2d 600). The defendant-landlord, Marsan Realty Corp, (hereinafter Marsan), obtained a warrant of eviction on April 25, 2002, and obtained actual possession of the premises on or about May 1, 2002. Accordingly, the Supreme Court was correct in denying the plaintiff's motion and in declaring that Marsan is entitled to possesion.
SANTUCCI, J.P., LUCIANO, SCHMIDT and ADAMS, JJ., concur.