Freeman Street Properties, LLC v. Thelian

*476In a holdover proceeding, the petitioner appeals, by permission, as limited by its brief, from so much of an order of the Appellate Term of the Supreme Court for the Second and Eleventh Judicial Districts, dated December 22, 2004 [6 Misc 3d 127(A), 2004 NY Slip Op 51684(U) (2004)], as reversed a judgment of possession of the Civil Court of the City of New York, Kings County (Rubin, J.), dated April 3, 2003, and dismissed the petition.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the petition is granted, and the judgment of possession is reinstated.

In…