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CITY OF N. Y. v. SKYWAY-DYCKMAN

22 A.D.2d 506 (1965)

City of New York, Appellant, v. Skyway-Dyckman, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 4, 1965.

Attorney(s) appearing for the Case

Milton H. Harris of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel), for appellant.

Irwin D. Schlacter of counsel (Joseph P. Baratta with him on the brief; Lauritano & Schlacter, attorneys), for respondent.

BOTEIN, P. J., BREITEL, EAGER and STALEY, JJ., concur.

STEUER, J.

This is a summary proceeding to evict a tenant for breach of a material covenant in the lease. The landlord, City of New York, in 1958, leased certain unimproved land located at Tenth Avenue and 201st Street and fronting on Sherman Creek, together with the use of the waters in the vicinity of the leased premises. The tenant was obligated to build a gas station and parking area, and a marina including...

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