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CITY OF NEW YORK v. SHELLBANK RESTAURANT CORP.

8504. 401168/03.

169 A.D.3d 581 (2019)

95 N.Y.S.3d 60

2019 NY Slip Op 01352

City of New York, Respondent, v. Shellbank Restaurant Corporation, Appellant.

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

Decided February 26, 2019.

The motion court correctly found that the parties' unambiguous agreement was terminable at will and therefore did not create a property interest protected by the due process clause or the takings clause of the US Constitution (see White Plains Towing Corp. v Patterson, 991 F.2d 1049, 1062 [2d Cir 1993], cert denied 510 U.S. 865 [1993]; Brooklyn Historic Ry. Assn. v City of New York, 126 A.D.3d 837

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