City Of New York V Prudenti’s Rest. On The Riv., Inc.

City of New York v Prudenti’s Rest. on the Riv., Inc.

The City of New York brought a lawsuit against the defendant on the grounds that it had illegally built its premises and maintained structures on city property. The City moved for summary judgment to have the defendant ejected from the premises, but the Supreme Court denied the motion except insofar as they demonstrated they actually owned the land. On appeal, the Second Department said the City had failed to eliminate triable issues of fact as to whether the defendant had the right to legally occupy and use the land, affirming the dismissal of the other branches of the motion for summary judgment: https://www.nycourts.gov/reporter/3dseries/2022/2022_02110.htm

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