Soukouna v. 365 Canal Corp.

Order of the Appellate Term of the Supreme Court of the State of New York, First Department, entered March 31, 2006, which modified a judgment of the Civil Court, New York County (Saliann Scarpulla, J), entered June 7, 2004, restoring petitioner to possession of leased premises and awarding him money damages of $563.29, to the extent of denying petitioner’s motion for restoration of possession, unanimously affirmed, without costs.

While Real Property Law § 231 (1) and Real Property Actions and Proceedings Law § 711 (5) contemplate court action by landlords seeking to recover premises used by…