Opinion
No. 570947/11.
2012-07-16
John TOUHEY, Petitioner–Respondent, v. Michael LESKER, Respondent–Appellant.
Respondent Michael Lesker appeals from an order of the Civil Court of the City of New York, New York County (John H. Stanley, J.), dated June 28, 2011, which granted petitioner's motion for summary judgment on his possessory cause of action and denied respondent's cross motion for summary judgment dismissing the petition in a holdover summary proceeding.
Present: SHULMAN, J.P., HUNTER, JR. and TORRES, JJ.
PER CURIAM.
Order (John H. Stanley, J.), dated June 28, 2011, affirmed, with $10 costs, for the reasons stated by John H. Stanley, J. at Civil Court.
Petitioner was properly awarded summary judgment of possession on the holdover petition, since respondent-appellant's lone stated defense of adverse possession is without merit. The record, far from establishing by “clear and convincing evidence” (Ray v. Beacon Hudson Mtn. Corp., 88 N.Y.2d 154, 159 [1996] ) that appellant's possession of the hallway storage closet here in dispute was hostile and under a claim of right, conclusively shows that appellant entered into possession permissively, with the express authorization of an individual (Halfon) whom appellant himself identified as the “building manager.” Such authorization conveyed, at most, a revocable license to use the closet ( see 10 E. 70th St., Inc. v. Gimbel, 309 A.D.2d 644, 645 [2003] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.