Nextel of New York, Inc., Appellant-Respondent, v. Time Management Corporation, Respondent-Appellant. (Matter No. 1.) In the Matter of Nextel of New York, Inc., Appellant-Respondent, v. Time Management Corporation, Respondent-Appellant. (Matter No. 2.), 297 A.D.2d 282

Summary

A telephone company signed an agreement which allowed it to install antennae on the roof of a building and to occupy 200 square feet of space in the building. Under the agreement, the telephone company's employees had unlimited access to the premises and the right to quiet enjoyment. When the telephone company allegedly breached the agreement, the landowner attempted to evict it. However, a trial court granted the telephone company's request for an injunction prohibiting eviction. The appellate court held that (1) the trial court properly determined that the parties' agreement was a lease, not a license; and (2) because the agreement was a commercial lease, the trial court had the power to enjoin the landlord from evicting the telephone company after the telephone company showed that it was ready and able to cure its default by any means short of vacating the premises.