A petitioner sought an order pursuant to Real Property Actions and Procedure Law (RPAPL) §713(10) restoring it to possession of three food vendor spaces through a commercial illegal lockout proceeding. The petitioner sought treble damages for alleged property damage and losses pursuant to RPAPL §853.
The parties had entered into a license agreement (agreement) for the use of three commercial spaces within the landlord’s food hall (Market). The Market lacks “any doors or walls between stations.” The petition described the Market as a “collection of more than 30 local and regional outposts.” The agreement required that the petitioner maintain a “Restaurant Letter A Grade by the NYC Health Department” (DOH).
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