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IN THE MATTER OF VILLAGE OF PORT CHESTER v. MARTINEZ

5 A.D.3d 692 (2004)

774 N.Y.S.2d 751

In the Matter of VILLAGE OF PORT CHESTER, Respondent, v. MARIA MARTINEZ, Doing Business as MARK ANTHONY RESTAURANT, Appellant.

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

March 22, 2004.

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

The appellant, who leased a building on certain condemned property, sought to be compensated for various trade fixtures that she claimed to have paid for and installed. However, according to the terms of her lease, they were her landlord's property. Under these circumstances, the Supreme Court correctly dismissed her claim (see Matter of City of New York [G & C Amusements],

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