2039 Jericho Turnpike Corp. v. Caglayan

In a holdover proceeding, the petitioner appeals, by permission, from an order of the Appellate Term of the Supreme Court for the Ninth and Tenth Judicial Districts, dated March 11, 2008 (19 Mise 3d 129[A], 2008 NY Slip Op 50528[U]) which reversed a judgment of the District Court, Suffolk County (Spelman, J.), entered October 30, 2006, which, after a nonjury trial, was in favor of the petitioner awarding it possession of the subject premises and the sum of $21,421, and dismissed the petition.

Ordered that the order of the Appellate Term is reversed, on the law, with costs, and the judgment of…