Deli of Latham, Inc. v. Freije

— Main, J. P.

Appeal from an order of the Supreme Court (Kahn, J.), entered June 27, 1986 in Albany County, which denied defendant’s motion for an order of restitution.

This matter has been before this court previously, and the facts giving rise to this action are set forth in our earlier decision (101 AD2d 935, affd 63 NY2d 915). At that time, we reversed a decision of Supreme Court ordering, inter alia, specific performance of a lease. In the present matter, defendant seeks restitution for the period during which plaintiff was in illegal possession of the leased premises, along with costs and…