In the Matter of 110-45 Queens Blvd. Garage, Inc., Respondent, v. Park Briar Owners, Inc., et al., Appellants., 265 A.D.2d 415

Summary

Petitioner tenant and appellant landlord, a cooperative apartment corporation, executed a 10-year lease for a parking garage. At its conclusion, the appellant exercised its common-law right of reentry to peaceably reenter the commercial premises upon termination of the lease or default on the payment of rent. The trial court denied petitioner's application to recover possession, rejecting petitioner's argument that it was entitled to possession because its ouster was forcible. On review, the appellate court held that there was an issue of fact as to whether the ouster of petitioner was peaceable or forcible; the law permits a commercial landlord to reenter the premises peaceably. However, given that appellants would prevail in a summary proceeding to evict, restoration of petitioner to possession of the premises would be futile. Rather, the appellate court gave leave to petitioner to assert a claim to recover damages resulting from forcible reentry.