Respondent Sutton Place Oasis, Inc. appeals from an amended order of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), entered October 23, 2006, which granted petitioner's motion for summary judgment and to strike respondent's affirmative defenses in a commercial holdover proceeding.

Per Curiam.

Appeal from amended order (Manuel J. Mendez, J.), entered October 23, 2006, deemed an appeal from a final judgment (Manuel J. Mendez), entered October 24, 2006, which awarded possession to petitioner, and so considered, final judgment affirmed, with $25 costs.

Giving proper effect to the unambiguous terms of the governing sublease agreement between the parties, we agree that appellant's leasehold interest had expired and that no right of renewal was conveyed upon appellant, particularly in the absence of a renewal provision in the sublease and any durational or rental terms. While the sublease incorporated the rights and responsibilities of the parties to the main lease, any right of renewal conferred upon the main tenant had been exercised nearly a decade prior to appellant taking possession under the sublease. Tenant's present arguments concerning the service of the holdover petition, to the extent reviewable on appeal, are lacking in merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 30, 2007