102 A.D. 269 | N.Y. App. Div. | 1905
The plaintiff maintained a stand for the sale of refreshments inPelham Bay Park, under a written agreement between him and the city of New York, whereby the city granted to him “ the privilege of maintaining a stand at the bath houses near Firman Mansion for sale of refreshments (spirituous liquors excepted) and renting bathing suits, for the term of three years, from the 25th day of November, 1903.” On April 4, 1904, the commissioner of parks for the borough of The Bronx assumed to revoke the permit issued to the plaintiff, and notified him of the revocation. A similar notice of revocation was again served upon the plaintiff on June 4, 1904. The plaintiff, nevertheless, continued to maintain his stand in the park until June 16, 1904, when the stand was forcibly removed by the employees of the park department, under circumstances which would constitute a forcible entry if the statutory provisions relating to forcible entry and detainer are applicable to the case of a person exercising such a privilege as that conferred upon the plaintiff by his agreement with the city.
The provisions relating to forcible entry and detainer which were
The conclusion, however, that the ease does not fall within the purview of the Code provisions relating to forcible entry and detainer demands a reversal of the order appealed from.
Jenks, Rich and Miller, J J., concurred ; Hooker, J., not voting.
Final order of the Municipal Court reversed, with costs.