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STATE OF NEW YORK v. MASSAPEQUA AUTO SALVAGE, INC.

267 A.D.2d 679 (1999)

699 N.Y.S.2d 539

STATE OF NEW YORK, Respondent, v. MASSAPEQUA AUTO SALVAGE, INC., Appellant.

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

Decided December 9, 1999.

Peters, J.

Defendant occupied a piece of property owned by the Department of Transportation (hereinafter DOT) which served as a right-of-way to a State road. The parties entered into a permit agreement dated August 20, 1988 which allowed defendant to occupy the land for a limited purpose; the agreed fee was $590 per month, commencing September 1, 1988, with an additional charge of 2% if the monthly payment was more than 15 days late. Other terms and conditions detailed...

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