PROSPECT OWNERS CORP. v. SANDMEYER


62 A.D.3d 601 (2009)

PROSPECT OWNERS CORP., Respondent, v. GLORIA SANDMEYER et al., Appellants.

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

Decided May 26, 2009.


The trial court correctly found that defendants' right to the use of the roof space adjacent to the 22nd floor portion of their duplex apartment (the south roof) was not, as they contend, governed by their lease, which did not include the south roof in the demised premises, but was pursuant to a license. "Whereas a license connotes use or occupancy of the grantor's premises, a lease grants exclusive possession of designated space to a tenant, subject to rights specifically...

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