Tenant appeals from a final judgment of the Civil Court, New York County (Donna G. Recant, J.), entered January 6, 2004, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.

PER CURIAM:

Final judgment (Donna G. Recant, J.), entered January 6, 2004, affirmed, with $25 costs.

The evidence at trial established that the demised commercial premises was being used for an illegal business purpose (Real Property Law § 231[1]; RPAPL 715([1]), namely, the sale of counterfeit trademark apparel (see 1165 Broadway Corp. v Dayana of N.Y. Sportswear, 166 Misc 2d 939 [1995]). A fair interpretation of the evidence, including the testimony of a police officer who seized thousands of items (a "freight truck full") of suspect merchandise following an undercover investigation and the expert testimony of a representative of the trademark holder who was present at the time of the seizure and examined the goods, supports the trial court's finding that the merchandise was counterfeit. Significantly, tenant presented no documentary evidence, such as purchase invoices or receipts, as proof that the goods were legitimate, nor did tenant's expert inspect the seized merchandise, although given ample opportunity to do so, in response to landlord's prima facie case. Proof sufficient to support a criminal conviction of trademark counterfeiting was not a sine qua non of the landlord's right to recover possession — otherwise firmly established — in this illegal use holdover proceeding.
This constitutes the decision and order of the court. [*2]
Decision Date: January 12, 2006