Accordingly, because this court did not have personal jurisdiction over petitioner, the eviction of petitioner was unlawful and petitioner is entitled to recover damages under RPAPL 853, for his unlawful eviction from a portion of the 35th floor of 30 Broad Street, New York, New York. In light of the fact respondent has relet the entire subject premises before the effective date of the temporary restraining order, removing and allegedly damaging its personalty, equipment and security business by termination of telecommunications to an innocent lease party who occupies the entire 35th floor of 30 Broad Street, it would not be in the interest of justice, realistic practicality or equity to the innocent new tenant of the entire 35th floor for this court to restore petitioner to possession of *261about 10% of the demised space for 60 to 90 days, therefore, this matter is restored to the Non-Housing Part 52 Calendar of September 29, 1998, at 9:30 a.m., subject to confirmation by each party or counsel for a hearing to determine the amount of damages, if any, petitioner has sustained. Since this court has no certain current business address for petitioner, if mailing a true copy of this decision/order to his last known address (14 Wall Street, 30th Floor, New York, New York 10003) does not trigger a response or appearance by all remaining parties on or before September 25, 1998, this special proceeding is dismissed, without prejudice to a plenary action for any and all resulting consequential damages, under RPAPL 853.