Dagett v. Champney
Appellate Division of the Supreme Court of the State of New York
Appeal ■ by the defendant, Emelie FI. Champney, from a judg-. ment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 2oth day of May, 1907, upon the decision of the court rendered after a trial at'the Warren Special Term. . The action is for rent. ' On the 1st of May, 1905, the defendant entered into a written lease 'under seal with Julia E. McCann, the plaintiff’s assignor,- by which she leased certain premises…
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Appeal ■ by the defendant, Emelie FI. Champney, from a judg-. ment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 2oth day of May, 1907, upon the decision of the court rendered after a trial at'the Warren Special Term. . The action is for rent. ' On the 1st of May, 1905, the defendant entered into a written lease 'under seal with Julia E. McCann, the plaintiff’s assignor,- by which she leased certain premises in Glens Falls for the term of one year, to commence on the 1st day of May, 1905, and to terminate on the 30th day of…
1Opinion of the Court
Chester, J. :
Where a tenant, having a lease for a year, holds over at the expiration of his term, the law implies an agreement on his part to hold for another year upon the terms of the lease, and the option is with the landlord to so regard it. (Haynes v. Aldrich, 133 N. Y. 287; Ackley v. Westervelt, 86 id. 448 ; Schuyler v. Smith, 51 id. 309.) That principle, however, is not seriously contended against by the appellant. Her principal claim is that she effectu*256ally surrendered possession of tiré premises on the last of • J,uly, 1906. The proof- in this respect shows that, on the thirtieth day…
2Cases cited2 opinions
- Haynes v. . AldrichNew York Court of Appeals · 1892
- Gray v. Kaufman Dairy & Ice Cream Co.New York Court of Appeals · 1900
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- Ford Coyle Properties, Inc. v. 3029 Avenue V Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- In re the Estate of BarnesNew York Surrogate's Court · 1962
- Schine-Oswego Corp. v. TrovatoCity of New York Municipal Court · 1948
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