Wasserman v. Ewing

—In a proceeding pursuant to RPAPL 713 (3) to remove an allegedly illegal occupant of the subject premises, the petitioner appeals from an order of the Supreme Court, Kings County (Belen, J.), dated October 20, 1998, which granted the motion of nonparty Alaric Ewing to be restored to possession of the subject premises.

*428Ordered that the order is affirmed, with costs.

The appellant’s contention that the nonparty Alaric Ewing voluntarily surrendered his lease, and therefore the Supreme Court improperly restored Ewing to possession of the subject premises, is without merit. A lease may be…