Aspen Creek Estates, Inc. v. Kennedy

In an action, inter alia, for ejectment, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Burke, J.), dated February 1, 2005, as denied that branch of their motion which was for summary judgment on their counterclaim for a judgment declaring that they occupy the subject premises under a valid year-to-year periodic tenancy.

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

For more than 23 years, the defendants have occupied a parcel of farm land in Suffolk County. In 1981 the defendants entered into a…