MATTER OF FREEMAN STREET PROPERTIES, LLC, v. THELIAN


34 A.D.3d 475 (2006)

824 N.Y.S.2d 359

In the Matter of FREEMAN STREET PROPERTIES, LLC, Appellant, v. JOHN THELIAN, Respondent.

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

Decided November 8, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the petition is granted, and the judgment of possession is reinstated.

In this holdover proceeding, the landlord seeks to remove the tenant on the ground, inter alia, that the tenant violated the commercial use and anti-subletting provisions of the subject lease. After a lengthy trial, finding the testimony of the tenant and his witnesses "rife with admissions of income concealment...

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