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37th Ave. Realty Corp. v Yong Qing Wang
2009 NY Slip Op 52220(U) [25 Misc 3d 134(A)]
Decided on October 23, 2009
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 23, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2008-2189 Q C.

37th Avenue Realty Corp., Respondent,

against

Yong Qing Wang, Appellant.


Appeal from a final judgment of the Civil Court of the City of New York, Queens County (Joseph Esposito, J.), entered July 31, 2008. The final judgment, after a nonjury trial, awarded possession to landlord.


ORDERED that the final judgment is affirmed without costs.

Landlord commenced this commercial holdover summary proceeding to recover possession of the premises. A review of the record on appeal indicates that the Civil Court correctly determined, after the nonjury trial, that tenant had failed to renew the subject lease and that landlord had properly terminated the subsequently created month-to-month tenancy. We find tenant's other contentions raised on appeal to be without merit. Accordingly, the final judgment of possession in favor of landlord is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: October 23, 2009