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STAPLETON STUDIOS, LLC v. CITY OF NEW YORK

7 A.D.3d 273 (2004)

776 N.Y.S.2d 46

STAPLETON STUDIOS, LLC, Respondent, v. CITY OF NEW YORK ET AL., Appellants.

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

May 6, 2004.

Pursuant to two successive temporary occupancy permits (collectively, the Permit) granted by respondent City of New York, petitioner Stapleton Studios, LLC (Stapleton) operated a start-up film studio on certain city property at "Homeport" in Staten Island. The Permit contained the following provision, set forth in bold capital letters: "THIS IS A SHORT TERM REVOCABLE OCCUPANCY PERMIT, TERMINABLE AT WILL AT PERMITTOR'S OPTION. PERMITTEE AGREES TO PROMPTLY VACATE THE...

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