RM Restaurant, Inc. v. Marsan Realty Corp.

Appellate Division of the Supreme Court of New York

RM Restaurant, Inc. v. Marsan Realty Corp.

1 A.D.2d 423, 767 N.Y.S.2d 776

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 10, 2003

StatusPublished

This text of 1 A.D.2d 423 (RM Restaurant, Inc. v. Marsan Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

RM Restaurant, Inc. v. Marsan Realty Corp., 1 A.D.2d 423, 767 N.Y.S.2d 776 (N.Y. Ct. App. 2003).

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Opinion

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 CFLR 3001 for immediate possession of the subject premises and declared that the defendant Marsan Realty Corp. is entitled to possession.

Ordered that the order and judgment is affirmed, with costs.

The issuance of a warrant of eviction terminates a landlord-tenant relationship (see RFAPL 749 [3]; Iltit Assoc. v Sterner, 63 AD2d 600 [1978]). 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 plaintiffs motion and in declaring that Marsan is entitled to possession. Santucci, J.E, Luciano, Schmidt and Adams, JJ., concur.

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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 CFLR 3001 for immediate possession of the subject premises and declared that the defendant Marsan Realty Corp. is entitled to possession.

Ordered that the order and judgment is affirmed, with costs.

The issuance of a warrant of eviction terminates a landlord-tenant relationship (see RFAPL 749 [3]; Iltit Assoc. v Sterner, 63 AD2d 600 [1978]). 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 plaintiffs motion and in declaring that Marsan is entitled to possession. Santucci, J.E, Luciano, Schmidt and Adams, JJ., concur.

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Bluebook (online)

1 A.D.2d 423, 767 N.Y.S.2d 776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rm-restaurant-inc-v-marsan-realty-corp-nyappdiv-2003.

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