Stein v. Sutherland
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Charles A. Stein against Preston M. Sutherland. From a judgment for defendant, plaintiff appeals. Reversed.
1Opinion of the CourtScott, J.
I am unable to see any theory, based upon the evidence,' on which this judgment can be sustained. It certainly cannot be upheld upon the theory adopted by the justice, which was that no agreement of hiring was entered into. If this is so, the defendant was a hold-over, and, as such, the landlord may, at his option, hold him to his tenancy for another year. Haynes v. Aldrich, 133 N. Y. 287, 31 N. E. 94, 28 Am. St. Rep. 636. And it does not affect the situation of the parties that he so held over at an increased rent. Despard v. Walbridge, 15 N. Y. 374; Mack v. Burt, 5 Hun, 28; Mitchell v.…
2Cases cited3 opinions
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Haynes v. . AldrichNew York Court of Appeals · 1892
- Mitchell v. ClaryAppellate Terms of the Supreme Court of New York · 1897
3Cited by3 opinions
- A. Stern & Co. v. Avedon & Co.Appellate Division of the Supreme Court of the State of New York · 1920
- De Forest Estate Corp. v. HalpertCity of New York Municipal Court · 1923
- A. Stern & Co. v. Avedon & Co.Appellate Terms of the Supreme Court of New York · 1920