World Evangelization Church v Devoe St. Baptist Church

[*1] World Evangelization Church v Devoe St. Baptist Church 2010 NY Slip Op 50996(U) [27 Misc 3d 141(A)] Decided on June 4, 2010 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 4, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : GOLIA, J.P., PESCE and RIOS, JJ
2009-732 K C.

World Evangelization Church, Appellant,

against

Devoe Street Baptist Church, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Sidney Goodheartz, J.H.O.), dated November 12, 2008. The order dismissed the petition in an unlawful entry and detainer summary proceeding.

ORDERED that the order is affirmed without costs.

In this unlawful entry and detainer summary proceeding (RPAPL 713 [10]), the Civil Court properly found that petitioner, which had been given a contractual right to use the premises on specified days at specified hours, was a mere licensee (Prospect Owners Corp. v Sandmeyer, 62 AD3d 601 [2009]), and so could not maintain this proceeding (see Korelis v Fass, 26 Misc 3d 133[A], 2010 NY Slip Op 50122[U] [App Term, 1st Dept 2010]; Brown v 165 Conover Assoc., 5 Misc 3d 128[A], 2004 NY Slip Op 51244[U] [App Term, 2d & 11th Jud Dists 2004]; see also Napier v Spielmann, 196 NY 575 [1909], affg on opn at 127 App Div 567 [1908]; P & A Bros. v City of NY Dept. of Parks & Recreation, 184 AD2d 267 [1992]). Accordingly, the order is affirmed.

We note that a special proceeding should terminate in a judgment, not an order (see CPLR 411).

Golia, J.P., Pesce and Rios, JJ., concur.
Decision Date: June 04, 2010