New York Court of Appeals
City of New York v. Pennsylvania Railroad Company
July 2, 197537 N.Y.2d 298
Summary
The New York Court of Appeals held that the Pennsylvania Railroad's occupancy of Pier 77 was a leasehold, not a license, so the covenant to maintain the pier survived the lease term and was enforceable. The Court affirmed the city’s right to recover the cost of repairs despite the pier’s demolition and reversed the Appellate Division’s dismissal.