Opinion
2003-03661.
Decided March 22, 2004.
In a condemnation proceeding, Maria Martinez, d/b/a Mark Anthony Restaurant, appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Rosato, J.), entered April 17, 2003, as granted the petitioner's separate motions to dismiss her claim for the taking of trade fixtures and for a writ of assistance for possession pursuant to EDPL 405(A).
Goldstein, Goldstein, Rikon Gottlieb, P.C., New York, N.Y. (Michael Rikon of counsel), for appellant.
John E. Watkins, Jr., White Plains, N.Y. (Liane V. Watkins of counsel), for respondent.
NOW Legal Defense and Education Fund, New York, N.Y. (Deborah A. Widiss and Jennifer K. Brown of counsel), amicus curiae.
Before: DAVID S. RITTER, J.P., HOWARD MILLER, STEPHEN G. CRANE, BARRY A. COZIER, JJ.
DECISION ORDER
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], 55 N.Y.2d 353, 359, 361; Interlake Serv. Sta. v. State of New York, 249 A.D.2d 275, 276), and granted a writ of assistance ( see EDPL 405[A]; Matter of Vil. of Port Chester [Sorto], 303 A.D.2d 416, 417).
RITTER, J.P., H. MILLER, CRANE and COZIER, JJ., concur.