City of N.Y. v. Anton
| Decision Date | 27 February 2019 |
| Docket Number | 2018–06715,Index No. 22863/08 |
| Citation | 169 A.D.3d 999,95 N.Y.S.3d 248 |
| Parties | CITY OF NEW YORK, Appellant-Respondent, v. George ANTON, et al., Respondents-Appellants. |
| Court | New York Supreme Court — Appellate Division |
169 A.D.3d 999
95 N.Y.S.3d 248
CITY OF NEW YORK, Appellant-Respondent,
v.
George ANTON, et al., Respondents-Appellants.
2018–06715
Index No. 22863/08
Supreme Court, Appellate Division, Second Department, New York.
Argued—January 15, 2019
February 27, 2019
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Scott Shorr and Barbara Graves–Poller of counsel), for appellant-respondent.
Goldberg, Scudieri & Lindenberg, P.C., New York, N.Y. (Robert H. Goldberg of counsel), for respondents-appellants.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, ROBERT J. MILLER, COLLEEN D. DUFFY, JJ.
DECISION & ORDER
In an action for ejectment and to recover damages for use and occupancy, the plaintiff appeals, and the defendants cross-appeal, from an order of the Supreme Court, Queens County (Janice A. Taylor, J.), entered April 11, 2018. The order, insofar as appealed from, denied the plaintiff's motion for summary judgment on the amended complaint. The order, insofar as cross-appealed from, denied the defendants' cross motion to compel further discovery after the filing of the note of issue.
ORDERED that the order is reversed insofar as appealed from, on the law, and the plaintiff's motion for summary judgment on the amended complaint is granted; and it is further,
ORDERED that the order is affirmed insofar as cross-appealed from; and it is further,
ORDERED that one bill of costs is awarded to the plaintiff.
In 1996, the defendant George Anton purchased a 34–foot, 1971 O & K Trojan motorboat (hereinafter the vessel) from nonparty Vinco Marina Management, Inc. (hereinafter Vinco). The vessel did not have an engine when it was purchased. At the time, the vessel was docked in Slip A01 at the World's Fair Marina (hereinafter WFM), Pier III, which is located on Flushing Bay in Flushing Meadow–Corona Park (hereinafter the subject slip). The vessel remains docked in the subject slip.
George and his wife, the defendant Elena Anton, as well as, at times, their adult son, the defendant Edward Anton, use the vessel as a houseboat, their permanent residence.
The plaintiff, City of New York, owns WFM. Prior to 1999, Vinco maintained and managed WFM pursuant to a license agreement with the City. In 1999, the City terminated its license with Vinco and assumed operation of WFM. The City issues two types of dockage permits at WFM. One is a summer dockage permit which allows a permittee the temporary right to dock his or her vessel at the WFM for recreational purposes for the period of May 1st through October 31st. The other type is a winter dockage permit which allows the permittee the temporary right to store one's vessel at WFM from November 1st of one year through April 30th of the following year.
The City's regulations relating to the use of its marinas require that users obtain and pay for seasonal permits (see former 56 RCNY 3–06[a] ) and provide that the issuance of a permit does not create a property right in favor of the permittee (see former 56 RCNY 3–06[i] ). Vessels are only eligible for seasonal permits if they are seaworthy, operational, properly insured, and state- or federally-registered (see former 56 RCNY 3–06[c][i]; [d], [k] ). Pursuant to the terms of the permits, no year-round permits are available at WFM, and regulations prohibit residential use of vessels docked there.
It is undisputed that the defendants' vessel, which is the only houseboat docked at WFM, is not operational, seaworthy, insured, or registered. The defendants have never obtained a permit from the City to occupy the subject slip. They nevertheless made payments through April 2007 to the City in amounts generally reflecting what they would have owed had seasonal permits been issued and for electricity usage. The City issued notices to the defendants since 2006, informing them that regulations...
To continue reading
Request your trial
-
Goodman v. Skanska USA Civil, Inc.
...standing to commence that personal injury action (see Nicholas v. Green Tree Servicing, LLC, 173 F.Supp.3d 250, 254–255 [D. Md.] ; see 95 N.Y.S.3d 248also Rock City Sound, Inc. v. Bashian & Farber, LLP, 74 A.D.3d 1168, 1171, 903 N.Y.S.2d 517 ; Reynolds v. Blue Cross of Northeastern N.Y., 21......
-
Chestnut Ridge Assocs., LLC v. 30 Sephar Lane, Inc., 2016–08136
...Public Officers Law § 107[1] ; Matter of Peehl v. Village of Cold Spring, 129 A.D.3d 844, 845–846, 12 N.Y.S.3d 139 ; Matter of Cunney v. 169 A.D.3d 999Board of Trustees of the Vil. of Grand View, N.Y., 72 A.D.3d at 961, 900 N.Y.S.2d 110 ; Matter of Wilson v. Board of Educ. Harborfields Cent......
-
City of N.Y. v. Prudenti's Rest. On the River, Inc.
...of the estate" ( Noamex, Inc. v. Domsey Worldwide, Ltd., 192 A.D.3d 817, 819, 144 N.Y.S.3d 77 ; see City of New York v. Anton, 169 A.D.3d 999, 1001–1002, 95 N.Y.S.3d 248 ; RPAI Pelham Manor, LLC v. Two Twenty Four Enters., LLC, 144 A.D.3d 1125, 1126, 42 N.Y.S.3d 267 ).Contrary to its conten......
-
Jonathan Schestowitz Ltd. v. Jones
... 2023 NY Slip Op 32159(U) JONATHAN SCHESTOWITZ LTD., Plaintiff, v. ELIZABETH JONES and WARREN KAY, ... Winegradv New York Univ. Med. Ctr., 64 N.Y.2d 851, ... 853 [1985]; Zuckerman v City of New York, 49 N.Y.2d ... 557, 562 [1980].) Once this showing has been made, the burden ... is in present possession of the estate'" (City ... of NY v Anton, 169 A.D.3d 999, 1001 [2d Dept 2019], ... quoting RPAI Pelham Manor, LLC v Two Twenty Four ... ...