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FITZGERALD EDIBLES, INC. v. OSBORNE TENANTS CORP.

10711, 150625/12.

179 A.D.3d 451 (2020)

113 N.Y.S.3d 540

2020 NY Slip Op 00088

Fitzgerald Edibles, Inc., Doing Business as P.J. Carneys, Appellant, v. Osborne Tenants Corp. et al., Respondents, et al., Defendant.

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

Decided January 7, 2020.

The trial court's conclusion that restoration to the premises following the wrongful eviction would be futile is supported by the jury's finding that there was no trespass to land (see Matter of 110-45 Queens Blvd. Garage v Park Briar Owners, 265 A.D.2d 415, 416 [2d Dept 1999]). The trial court also correctly concluded, given the trial testimony that plaintiff had permission from the net lessee to use the vestibule or, alternatively...

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