Appellate Division of the Supreme Court of the State of New York March 4, 1965 (City of New York v. Skyway-Dyckman, Inc.)

Steuer, J.

This is a summary proceeding to evict a tenant for breach of a material covenant in the lease. The landlord, City of New York, in 1958, leased certain unimproved land located at Tenth Avenue and 201st Street and fronting on Sherman Creek, together with the use of the waters in the vicinity of the leased premises.