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Landlord & Tenant Law
Statute of Frauds Bars Lease Claim
Roman Catholic Church of the Epiphany v. City of New York NYLJ 5/15/20, p. 32, col. 3, AppDiv Second Dept. (memorandum opinion)
In the church's action for a judgment declaring that the parties had entered into a 99-year rent-free lease, the church appealed from Supreme Court's dismissal of the complaint. The Appellate Division affirmed, holding that the statute of frauds barred the claim.
The church owned the disputed lot, adjacent to its rectory building, until September 1984, when the city acquired the lot through a condemnation proceeding and turned it (along with several nearby lots) into a park. After the condemnation, the church continued to use the disputed lots as a parking area and for access to its rectory building. In 2017, the city asked the church to vacate the lot. Although the church initially indicated that it would vacate, the church failed to vacate by the deadline it had set. When the city then issued a 10-day notice to quit, the church brought this action for a judgment declaring that it held a 99-year rent-free lease to the lot. The church sought a Yellowstone injunction, but Supreme Court granted the city's cross-motion to dismiss the complaint. The church appealed.
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