| Soukouna v 365 Canal Corp. |
| 2008 NY Slip Op 01796 [48 AD3d 359] |
| February 28, 2008 |
| Appellate Division, First Department |
| Moussa Soukouna, Appellant, v 365 Canal Corp.,Respondent. |
—[*1] Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York City (Steven L. Schultz ofcounsel), for respondent.
Order of the Appellate Term of the Supreme Court of the State of New York, FirstDepartment, entered March 31, 2006, which modified a judgment of the Civil Court, New YorkCounty (Saliann Scarpulla, J.), entered June 7, 2004, restoring petitioner to possession of leasedpremises and awarding him money damages of $563.29, to the extent of denying petitioner'smotion 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 bylessees for illegal purposes, restoring petitioner to possession would be futile, because a summaryproceeding brought by respondent would result in petitioner's certain eviction (see Matter of110-45 Queens Blvd. Garage v Park Briar Owners, 265 AD2d 415, 416 [1999]; Bresslerv Amsterdam Operating Corp., 194 Misc 76, 78-79 [1949]). Contrary to petitioner'scontention, the evidence before the Civil Court amply supports the finding that he was sellingcounterfeit goods from his booth at respondent's flea market. Concur—Lippman, J.P.,Friedman, Williams and Acosta, JJ. [See 11 Misc 3d 137(A), 2006 NY Slip Op50522(U).]