ELLERBY v. HELMAN (2021)

Supreme Court, Appellate Term, New York,

Marvin ELLERBY, Jr., Respondent, v. Josef HELMAN, Appellant.

2018-2522 K C

Decided: July 09, 2021

PRESENT: THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, DAVID ELLIOT, JJ.

Berger Fink LLP (David M. Berger of counsel), for appellant. The Howard Law Firm, P.C. (Eric Howard of counsel), for respondent.

ORDERED that the final judgment is affirmed, without costs.

In June 2018, landlord commenced this commercial holdover proceeding to recover possession of certain parking spaces associated with landlord's residence. After a nonjury trial, the Civil Court awarded landlord possession of the premises. We decline to consider arguments raised for the first time on appeal (see Joe v Upper Room Ministries, Inc., 88 AD3d 963 [2011]). We have reviewed tenant's preserved appellate contentions and find them to be lacking in merit.

Accordingly, the final judgment is affirmed.

ALIOTTA, P.J., WESTON and ELLIOT, JJ., concur.

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