City of New York v. Patton

MEMORANDUM DECISION

WERKER, District Judge.

Plaintiff, the City of New York (the City), has brought this action to recover back rent and deferred maintenance costs for its Pier 21 North River from defendant Erie Lackawanna Railway Company (Erie), which was in possession of that facility from January 1, 1966 to August 31, 1972— initially as the tenant of the City and later, after one renewal of the lease, as either a licensee under an occupancy permit or as a holdover tenant. Defendant St: Paul Fire and Marine Insurance Company (St. Paul) posted a surety bond guaranteeing performance of Erie’s…