Avitabile v. Silvestri

OPINION OF THE COURT

C. Stephen Hackeling, J.

The above-captioned petitioner, Angelo Avitabile, moves this court via a RPAPL 731 holdover proceeding seeking to remove his nephew, Anthony Silvestri, from the real property premises located at 67 Railroad Street, Huntington Station, New York. Respondent has interposed a written answer with counterclaims alleging he has an oral lease for the subject premises for the life of his great uncle and that eviction would prejudice him and *395unjustly benefit the petitioner by the sum of $22,419.53 worth of improvements made to the premises.

The Undisputed…