[*1]
3300 Co. v Ryan
2006 NY Slip Op 51525(U) [12 Misc 3d 146(A)]
Decided on August 3, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on August 3, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., GANGEL-JACOB, SCHOENFELD, JJ
570081/06.

3300 Company, Petitioner-Landlord-Appellant,

against

James J. Ryan and Laura Ryan, Respondents-Tenants-Respondents.


Landlord appeals from a judgment of the Civil Court, Bronx County (Fernando Tapia, J.), entered September 7, 2005, after trial, in favor of tenants dismissing the petition in a commercial holdover summary proceeding.


PER CURIAM:
Order (Fernando Tapia, J.), entered September 7, 2005 reversed, without costs, and final judgment awarded to landlord.

In defense of the holdover summary proceeding, tenants failed to establish any right to continue possession of the demised parking space. The record persuasively shows that tenants occupied the parking space pursuant to a month-to-month lease that landlord properly terminated. No claim or showing was made that the parking space was ancillary to tenants' residential tenancy in the building (see 420 Riverside Drive v. Ettinger, 196 Misc 2d 107 [2003]).

This constitutes the decision and order of the court.


I concurI concurI concur

Decision Date: August 3, 2006