Dara Realty Associates, LLC v. Musheyev

OPINION OF THE COURT

Memorandum.

Ordered that the final judgment is reversed, without costs, and the matter is remitted to the Civil Court for the entry of a final judgment dismissing the petition.

Landlord commenced this commercial nonpayment proceeding to recover possession of a parking space, arrears and attorney’s fees. After a nonjury trial, the Civil Court awarded landlord possession, arrears in the sum of $854.34 and attorney’s fees.

There is a threshold question, not addressed by the Civil Court, as to the nature of occupants’ interest in the parking space. Occupants are tenants in a…