37-01 31st Avenue Realty Corp. v. Mohammed

OPINION OF THE COURT

Memorandum.

Ordered that the appeal from the final judgment entered June 2, 2008 is dismissed; and it is further, ordered that the order dated November 20, 2008 is affirmed without costs.

After landlord received a five-day notice from the District Attorney of Queens County requiring it to commence a proceeding to remove tenants (see RPAPL 715 [1]), landlord commenced this summary proceeding pursuant to RPAPL 711 (5), alleging that tenants were using the premises for an illegal business. Following a nonjury trial, the Civil Court dismissed the petition (37-01 31st Ave. Realty…