Opinion
No. 2003-858 Q C.
Decided April 27, 2004.
Appeal by petitioner from a final judgment of the Civil Court, Queens County (M. Grays, J.), entered on October 7, 2002, after trial, dismissing the petition.
Final judgment unanimously affirmed without costs.
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
A commercial licensee proceeding was commenced by Mohammed Sherhan against Numyal Food, Inc. and The Dollar Store, as occupants of the premises located at "717-719" Beach 20th Street. In a prior foreclosure proceeding against the former owner of the premises, the judgment therein was vacated and the action dismissed as against Sherhan, as tenant of record, on the ground that he was not served. He alleges in the instant proceeding that he has a possessory interest, superior to Numyal Food, Inc. and The Dollar Store, in said premises by way of a recorded thirty-year lease. The building located at Beach 20th Street has three separate stores, with addresses of 715, 717 and 719 Beach 20th Street. The evidence adduced at trial establishes that the named respondents occupied two separate premises, each having a different address at Beach 20th Street. Under the circumstances, Sherhan was required to commence two independent proceedings to recover possession of the two premises ( see City of New York v. Mortel, 161 Misc 2d 681 [App Term, 2d 11th Jud Dists 1994]).