Freeman v. Muia

OPINION OF THE COURT

Larry J. Rosen, J.

Petitioner brings this special proceeding against respondent pursuant to RPAPL 853 seeking to recover treble damages pursuant to that section. Respondent has interposed counterclaims and defenses. Trial, without jury, was held and was concluded on October 9,1986.

The court finds that on or about September 1, 1985, the petitioner entered into a written one-year lease agreement with respondent’s predecessor in title to premises commonly *1098known as 666 State Street, Albany, New York (1st floor). From said date the petitioner continuously remained in possession.…