Village of Port Chester v. Port Chester Yacht Club, Inc.

In a proceeding to recover the possession of real property, the defendant appeals, by permission, from an order of the Appellate Term of the Supreme Court for the Ninth and Tenth Judicial Districts, dated May 16, 1986, which affirmed an order of the Justice Court, Town of Rye (Sirlin, J.), dated September 4, 1985, which granted the petitioner’s motion for summary judgment.

Ordered that the order of the Appellate Term is reversed, with costs, the order of the Justice Court, Town of Rye, is vacated, the petitioner’s motion for summary judgment is denied, and the instant matter commenced in the…