Opinion
2002-03248
Argued March 24, 2003.
April 7, 2003.
In a holdover summary eviction proceeding pursuant to RPAPL article 7, the appeal, by permission, is from an order of the Appellate Term of the Supreme Court for the Second and Eleventh Judicial Districts, dated October 23, 2001, which, inter alia, reversed a judgment of the Civil Court, Queens County (Greenbaum, J.), dated January 17, 2000, which dismissed the petition, and, inter alia, awarded a judgment of possession to the petitioner.
Goldstein Greenlaw, LLP, Kew Gardens, N.Y. (Richard C. Lunenfeld of counsel), for appellant.
Borah, Goldstein, Altschuler, Schwartz Nahins, P.C., New York, N.Y. (Jeffrey R. Metz and Steven L. Schultz of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., DANIEL F. LUCIANO, HOWARD MILLER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
We reject the contention of the Board of Managers of Village Mall at Hillcrest Condominium (hereinafter the condominium) that the subject agreement between 150-18-28 Union Turnpike Associates (hereinafter the Associates) and the Associates' predecessor-in-title conveyed an easement to the condominium pursuant to which the condominium could use 20 parking spaces belonging to the Associates. The agreement conveyed a license rather than an easement (see Willow Tex v. Dimacopoulos, 68 N.Y.2d 963).
The condominium's remaining contentions are without merit.
ALTMAN, J.P., LUCIANO, H. MILLER and RIVERA, JJ., concur.