CITY OF NEW YORK v. PATTON

No. 74 Civ. 1026 (HFW).

450 F.Supp. 842 (1978)

The CITY OF NEW YORK, Plaintiff, v. Thomas F. PATTON and Ralph S. Tyler, Jr., Trustees of the property of Erie Lackawanna Railway Company, Debtor, and St. Paul Fire and Marine Insurance Company, Defendants. Thomas F. PATTON and Ralph S. Tyler, Jr., Trustees of the property of Erie Lackawanna Railway Company, Defendants and Third-Party Plaintiffs, v. ACME FAST FREIGHT, INC., Third-Party Defendant.

United States District Court, S. D. New York.

As Modified June 9, 1978.


Attorney(s) appearing for the Case

W. Bernard Richland, Corp. Counsel, New York City, for plaintiff City of New York; Judah Dick, New York City, of counsel.

Hart & Hume, New York City, for defendant St. Paul Fire and Marine Ins. Co.; Lewis Stockman, New York City, of counsel.

Alexander & Green, New York City, for defendants and third-party plaintiffs Thomas F. Patton and Ralph S. Tyler, Jr., Trustees of Erie Lackawanna Railway Co.; Donald B. Ferens, New York City, of counsel.

Breed, Abbott & Morgan, New York City, for third-party defendant Acme Fast Freight, Inc.; James D. Zirin, E. Sherrell Andrews, New York City, of counsel.


MEMORANDUM DECISION

WERKER, District Judge.

Plaintiff, the City of New York (the City), has brought this action to recover back rent and deferred maintenance costs for its Pier 21 North River from defendant Erie Lackawanna Railway Company (Erie), which was in possession of that facility from January 1, 1966 to August 31, 1972 — initially as the tenant of the City and later, after one renewal of the lease, as either a licensee under an occupancy permit...

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