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SOUKOUNA v. 365 CANAL CORP.

48 A.D.3d 359 (2008)

853 N.Y.S.2d 39

MOUSSA SOUKOUNA, Appellant, v. 365 CANAL CORP., Respondent.

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

Decided February 28, 2008.

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 by lessees for illegal purposes, restoring petitioner to possession would be futile, because a summary proceeding brought by respondent would result in petitioner's certain eviction (see Matter of 110-45 Queens Blvd. Garage v Park Briar Owners, 265 A.D.2d 415, 416...

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