A. Stern & Co. v. Avedon & Co.
Appellate Terms of the Supreme Court of New York
Appeal by landlord from a final order in a summary proceeding, in the Municipal Court of the city of New York, borough of Manhattan, ninth district, awarding the possession of the demised premises to the tenant.
1Opinion of the CourtMullan, J.
The tenant went into possession under a five-year lease expiring on October 14, 1918. By remaining thereafter in possession, and the landlord so electing, the tenant became a hold-over tenant for the year ending October 14, 1919. On October 14, 1919, the landlord and the tenant met, discussed the matter of the tenant’s continued occupancy, and came to an agreement, wholly oral, that the tenant should stay in for another year at a stated increased rental. *373The tenant argued successfully below that it was a true hold-over tenant for the year ending October 14, 1920. In so holding, the learned…
2Cases cited4 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Souhami v. BrownstoneAppellate Division of the Supreme Court of the State of New York · 1919
- Berkowitz v. IorizzoAppellate Terms of the Supreme Court of New York · 1919
- Stein v. SutherlandAppellate Terms of the Supreme Court of New York · 1905