Opinion
570288/07.
Decided November 18, 2008.
Respondent appeals from an order of the Civil Court of the City of New York, New York County (Laurie L. Lau, J.), dated May 2, 2007, after a hearing, which granted petitioner's motion to be restored to possession.
Order (Laurie L. Lau, J.), dated May 2, 2007, affirmed, with $10 costs.
PRESENT: Davis, J.P., Schoenfeld, Heitler, JJ.
Giving due deference to the hearing court's findings of fact and credibility, we find no basis to disturb the court's determination that petitioner, the stepdaughter of the now deceased rent-controlled tenant, was in constructive possession of the premises ( see RPAPL 713), and that landlord's principal was aware of petitioner's possessory claim at the time of the lockout (see Banks v 508 Columbus Properties , 8 Misc 3d 135 [A], 2005 NY Slip Op 51189[U] [2005]. In the circumstances present, we agree that petitioner could not legally be ousted without legal process.
This constitutes the decision and order of the court.