Giancola v. Middleton

In a holdover proceeding to recover possession of certain leased premises, the petitioners appeal, by permission, from an order of the Appellate Term of the Supreme Court for the Second, Eleventh, and Thirteenth Judicial Districts dated August 19, 2008, which affirmed an order of the Civil Court, Kings County (Milin, J.), dated April 3, 2007, granting the motion of James Middleton to dismiss the petition.

Ordered that the order dated April 19, 2008, is reversed, on the law, with costs, the order dated April 3, 2007, is reversed, the motion of James Middleton to dismiss the petition is denied,…