Miriam Miller v. City of New York

Summary

The Court of Appeals affirmed the lower courts, holding that the agreement between the City Park Commissioner and the private corporation was a lease, not a revocable license, and therefore beyond the Commissioner’s statutory authority. The majority reasoned that the instrument contained all the hallmarks of a lease—exclusive use, a twenty‑year term, percentage rent, and construction obligations—on inalienable park land. A dissent argued that the instrument should be treated as a license and that the lease classification improperly defeats the Commissioner’s power. The dissent would have reversed the judgment.