By the Stem, LLC v. Optimum Properties, Inc.

*544OPINION OF THE COURT

Kathy J. King, J.

Petitioner moves by order to show cause to be restored to possession based on an illegal lockout and constructive eviction of the premises located at 124 Avenue J, Basement and Atrium, Brooklyn, New York (hereinafter the subject premises). Petitioner also seeks treble damages pursuant to RPAPL 853 and attorney fees. Respondent submitted an answer and notice of appearance opposing the motion on the basis that no permission had been given to utilize the basement of the subject premises, thereby resulting in his right to regain possession. While respondent…