Opinion
2014-01-27
LINCOLN MERCURY HOLDING CO., LLC by Patrick Magee, Manager, Appellant, v. John F. MAGEE and John F. Magee Doing Business as Historic Car Sales, Respondent.
We incidentally note that petitioner's service of separate notices of termination indicates that the properties sought to be recovered are separately possessed. Separately possessed properties cannot be recovered in a single summary proceeding ( see e.g. First Cent. Sav. Bank v. Yglesia, 37 Misc.3d 130[A], 2012 N.Y. Slip Op 51969[U] [App Term, 9th & 10th Jud Dists 2012] ).