City of New York v. State

Order, Court of Claims (Albert A. Blinder, J.), entered July 23, 1993, which, inter alia, denied claimant’s motion for summary judgment, sua sponte granted summary judgment to defendant and dismissed the claim, unanimously affirmed, without costs.

Since the terms of the parties’ license agreement bound the defendant to a term of indeterminate duration, the term of the agreement was deemed to have expired on October 1, 1986 (Real Property Law § 232; Stauber v Antelo, 163 AD2d 246, 248). After that date, defendant became a holdover tenant and the acceptance of rent created a month-to-month…