Roman Catholic Church of Our Lady of Sorrows v. Prince Realty Management, LLC, 2007-00266.

CourtNew York Supreme Court Appellate Division
Citation47 A.D.3d 909,850 N.Y.S.2d 569,2008 NY Slip Op 00674
Docket Number2007-00266.
PartiesROMAN CATHOLIC CHURCH OF OUR LADY OF SORROWS, Respondent, v. PRINCE REALTY MANAGEMENT, LLC, Appellant.
Decision Date29 January 2008
47 A.D.3d 909
850 N.Y.S.2d 569
2008 NY Slip Op 00674
ROMAN CATHOLIC CHURCH OF OUR LADY OF SORROWS, Respondent,
v.
PRINCE REALTY MANAGEMENT, LLC, Appellant.
2007-00266.
Appellate Division of the Supreme Court of the State of New York, Second Department.
Decided January 29, 2008.

[47 A.D.3d 910]

In an action, inter alia, to recover damages for breach of a license and for trespass, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Price, J.), entered December 21, 2006, as granted the plaintiff's cross motion for summary judgment on the issue of liability on its first and second causes of action.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff church and the defendant are adjoining property owners. On August 19, 2005 the parties entered into an agreement by which the plaintiff granted the defendant a three-month license to use a three-foot strip of its property immediately adjacent to the defendant's property (hereinafter the licensed strip). The license specifically authorized the defendant to remove an existing chain link fence on the licensed strip and to "put up plywood panels surrounding the construction site, including the [licensed strip]." The license also required that the defendant, inter alia, restore the boundary line between the properties with a new brick fence. The plaintiff averred that the purpose of the license was to allow the defendant to erect a temporary plywood fence in order to protect the defendant's property during the construction of a new building. However, during the term of the license, the plaintiff's pastor observed the defendant install structures consisting of steel piles and beams on the licensed property. The plaintiff objected to the installation of these structures, and repeatedly demanded that they be removed. Although the defendant agreed to remove these structures, the plaintiff claims that it failed to do so.

The plaintiff subsequently commenced this action, inter alia, to recover damages for breach of the license and for trespass. The plaintiff thereafter cross-moved for summary judgment on the issue of liability on its first and second causes of action alleging breach of the license and trespass, respectively. In support of its cross motion, the plaintiff submitted an affidavit of its pastor, who averred that the defendant had breached the license by erecting permanent structures on the licensed...

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2 practice notes
  • Am. Infertility of N.Y., P.C. v. Verizon N.Y. Inc., 159892/2015
    • United States
    • United States State Supreme Court (New York)
    • December 10, 2020
    ...Corp. , 285 A.D.2d 143, 150, 730 N.Y.S.2d 48 (1st Dep't 2001) ; Roman Catholic Church of Our Lady of Sorrows v. Prince Realty Mgt., LLC , 47 A.D.3d 909, 911, 850 N.Y.S.2d 569 (2d Dep't 2008). The owner or landlord of real property may revoke a license at will and without cause. Z. Justin Mg......
  • Dore v. Wormley, No. 05 Civ. 2443(BSJ).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • February 8, 2010
    ...... without granting possession of any interest therein." Roman Catholic Church of Our Lady of Sorrows v. Prince Realty Mgmt., LLC, 47 A.D.3d 909, 850 N.Y.S.2d 569, 570 (2008). Because a license does not grant an interest in realty, it is "cancelable at will, and without cause." See Am. Jew......
2 cases
  • Am. Infertility of N.Y., P.C. v. Verizon N.Y. Inc., 159892/2015
    • United States
    • United States State Supreme Court (New York)
    • December 10, 2020
    ...Corp. , 285 A.D.2d 143, 150, 730 N.Y.S.2d 48 (1st Dep't 2001) ; Roman Catholic Church of Our Lady of Sorrows v. Prince Realty Mgt., LLC , 47 A.D.3d 909, 911, 850 N.Y.S.2d 569 (2d Dep't 2008). The owner or landlord of real property may revoke a license at will and without cause. Z. Justin Mg......
  • Dore v. Wormley, No. 05 Civ. 2443(BSJ).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • February 8, 2010
    ...... without granting possession of any interest therein." Roman Catholic Church of Our Lady of Sorrows v. Prince Realty Mgmt., LLC, 47 A.D.3d 909, 850 N.Y.S.2d 569, 570 (2008). Because a license does not grant an interest in realty, it is "cancelable at will, and without cause." See Am. Jew......

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