GREAT LOCATION NEW YORK, INC., pet-land-res, v. SEVENTH AVENUE FINE FOODS, INC. res-ten-app, -andMOMO LASER HAIR REMOVAL, MOHAMMED HOSSAIN D/B/A MH SOUVENIR & GIFT, res

570806/14. GREAT LOCATION NEW YORK, INC., pet-land-res, v. SEVENTH AVENUE FINE FOODS, INC. res-ten-app, -andMOMO LASER HAIR REMOVAL, MOHAMMED HOSSAIN D/B/A MH SOUVENIR & GIFT, res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Final judgment (Gerald Lebovits, J.), entered on or about September 16, 2014, affirmed, with $25 costs. Appeals from orders dated August 26, 2014 and September 12, 2014 (Gerald Lebovits, J.), and May 23, 2013 (James E. d'Auguste, J.), dismissed, without costs, as subsumed in the appeal from the final judgment.

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570806/14. GREAT LOCATION NEW YORK, INC., pet-land-res, v. SEVENTH AVENUE FINE FOODS, INC. res-ten-app, -andMOMO LASER HAIR REMOVAL, MOHAMMED HOSSAIN D/B/A MH SOUVENIR & GIFT, res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Final judgment (Gerald Lebovits, J.), entered on or about September 16, 2014, affirmed, with $25 costs. Appeals from orders dated August 26, 2014 and September 12, 2014 (Gerald Lebovits, J.), and May 23, 2013 (James E. d’Auguste, J.), dismissed, without costs, as subsumed in the appeal from the final judgment.

We agree, essentially for reasons stated by Gerald Lebovits, J. at Civil Court, that landlord demonstrated entitlement to enforce the conditional limitation for nonpayment of rent contained in the governing commercial lease agreement (see Grand Liberte Coop. v. Bilhaud, 126 Misc 2d 961 [1984]). The personal affidavit submitted by landlord’s president demonstrated, without refutation, that tenant did not pay the specified arrears during the cure period and remained in default — without having sought a Yellowstone injunction — when the lease was terminated after service of a notice of termination.

GREAT LOCATION NEW YORK, INC., pet-land-res, v. SEVENTH AVENUE FINE FOODS, INC. res-ten-app, -andMOMO LASER HAIR REMOVAL, MOHAMMED HOSSAIN D/B/A MH SOUVENIR & GIFT, res

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