Opinion
No. 2014–2121WC.
07-07-2015
BRONX RIVER ROAD REALTY, LLC as Successor to Vikrok Assoc. Corp., Respondent, Michael O'CONNOR, Tenant, and John O'Connor, Appellant.
Opinion
Appeal from an order of the City Court of Yonkers, Westchester County (Thomas R. Daly, J.), entered January 16, 2014. The order denied the branch of tenant John O'Connor's motion seeking to be restored to possession in a holdover summary proceeding.
ORDERED that the order is affirmed, without costs.
In this holdover proceeding, John O'Connor (tenant) appeals from an order of the City Court which denied the branch of his post-eviction motion seeking to be restored to possession. “Restitution upon motion is discretionary” (Golde Clothes Shops, Inc. v. Loew's Buffalo Theatres, Inc., 236 N.Y. 465, 471 [1923] ), and, in all the circumstances presented, including the presence of a new tenant in the premises, we find that the City Court did not improvidently exercise its discretion in denying tenant's motion to be restored to possession (see Adelphi Assoc., LLC v. Gardner, 18 Misc.3d 132[A], 2008 N.Y. Slip Op 50085[U] [App Term, 2d & 11th Jud Dists 2008] ).
Accordingly, the order is affirmed.
TOLBERT, J.P., MARANO and CONNOLLY, JJ., concur.