State v. Massapequa Auto Salvage, Inc.

—Peters, J.

Appeal from a judgment of the Supreme Court (Teresi, J.), entered July 30, 1998 in Albany County, upon a decision of the court in favor of plaintiff.

Defendant occupied a piece of property owned by the Department of Transportation (hereinafter DOT) which served as a right-of-way to a State road. The parties entered into a permit agreement dated August 20, 1988 which allowed defendant to occupy the land for a limited purpose; the agreed fee was $590 per month, commencing September 1, 1988, with an additional charge of 2% if the monthly payment was more than 15 days late. Other terms…