East Hampton Flight Services, Inc. v. Town of East Hampton

Appellate Division of the Supreme Court of New York

East Hampton Flight Services, Inc. v. Town of East Hampton

262 A.D.2d 273, 691 N.Y.S.2d 118, 1999 N.Y. App. Div. LEXIS 5909

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 1, 1999

StatusPublished

Cited by3 cases

This text of 262 A.D.2d 273 (East Hampton Flight Services, Inc. v. Town of East Hampton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

East Hampton Flight Services, Inc. v. Town of East Hampton, 262 A.D.2d 273, 691 N.Y.S.2d 118, 1999 N.Y. App. Div. LEXIS 5909 (N.Y. Ct. App. 1999).

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Opinion

—In an action to recover damages for wrongful eviction, the defendant Town of East Hampton appeals from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), entered June 15, 1998, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it and granted the plaintiffs’ cross motion to strike its answer and for summary judgment against it on the issue of liability.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs were entitled to summary judgment against the appellant on the issue of liability. The plaintiffs and the appellant entered into a month-to-month tenancy. It was undisputed that the appellant gave no notice or demand for rent before removing the plaintiffs’ property and re-letting the leased premises (see, Real Property Law § 232-b; Kepo, Inc. v Romano, 85 AD2d 621). Contrary to the appellant’s conten[274]*274tions, the evidence did not establish that the plaintiffs abandoned or surrendered the premises (cf., Ritz Entertainment Org. v Unity Gallega, 166 AD2d 186). O’Brien, J. P., Gold-stein, Luciano and Schmidt, JJ., concur.

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—In an action to recover damages for wrongful eviction, the defendant Town of East Hampton appeals from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), entered June 15, 1998, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it and granted the plaintiffs’ cross motion to strike its answer and for summary judgment against it on the issue of liability.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs were entitled to summary judgment against the appellant on the issue of liability. The plaintiffs and the appellant entered into a month-to-month tenancy. It was undisputed that the appellant gave no notice or demand for rent before removing the plaintiffs’ property and re-letting the leased premises (see, Real Property Law § 232-b; Kepo, Inc. v Romano, 85 AD2d 621). Contrary to the appellant’s conten[274]*274tions, the evidence did not establish that the plaintiffs abandoned or surrendered the premises (cf., Ritz Entertainment Org. v Unity Gallega, 166 AD2d 186). O’Brien, J. P., Gold-stein, Luciano and Schmidt, JJ., concur.

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Bluebook (online)

262 A.D.2d 273, 691 N.Y.S.2d 118, 1999 N.Y. App. Div. LEXIS 5909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/east-hampton-flight-services-inc-v-town-of-east-hampton-nyappdiv-1999.

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