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U.B.O. REALTY CORP. v. MOLLICA

257 A.D.2d 460 (1999)

683 N.Y.S.2d 532

U.B.O. REALTY CORP., Appellant, v. SANTO MOLLICA, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 19, 1999.

Despite the commercial nature of the leases, the finding that petitioner landlord knew of or acquiesced in respondent tenant's residential use of these store front premises has sufficient support in the record and, accordingly, the petition was properly dismissed (see, Ten Be Or Not Ten Be v Dibbs, NYLJ, June 12, 1985, at 11, col 4, affd 117 A.D.2d 1028; West Side Equities v Cerigo, NYLJ, June 17, 1993, at 24, col 1). We note the premises were already...

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