83 A.D.2d 742 | N.Y. App. Div. | 1981
Cross appeals from a judgment of the Supreme Court at Special Term (Harlem, J.), entered March 25, 1981 in Broome County, which, inter alia, granted petitioner’s motion for summary judgment in a summary eviction proceeding brought pursuant to article 7 of the Real Property Actions and Proceedings Law, but denied petitioner costs. Since 1958, the respondent Commuter Airlines, Inc., which is certified by the Federal Aviation Administration (FAA), has, in one corporate form or another, provided air taxi service from the Broome County Airport to several cities. For that purpose, respondent leased terminal space at the airport from the petitioner, Broome County. On December 31, 1979, respondent’s three-year lease with petitioner terminated and respondent, along with several other airline leaseholders in the building, became a holdover tenant on a month-to-month basis. Prior to the expiration of the lease and afterwards,-, petitioner began