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EAST HAMPTON FLIGHT SERVICES, INC. v. TOWN OF EAST HAMPTON

262 A.D.2d 273 (1999)

691 N.Y.S.2d 118

EAST HAMPTON FLIGHT SERVICES, INC., et al., Respondents, v. TOWN OF EAST HAMPTON, Appellant, et al., Defendants.

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

Decided June 1, 1999.

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,

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