Legal Opinion
Carlyle Record Warehouses Corp. v. Scherlo
Civil Court of the City of New York
Decided April 25, 1978PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Burton S. Sherman, J.
In this holdover summary proceeding involving a commercial premises, the landlord alleged that a five-year lease expired on May 31, 1975 and the tenant has remained on as a month-to-month tenant ever since. A 30-day notice to termi*227nate was served in January, 1978, and the instant proceeding started.
The tenant asserted as a defense that a new five-year lease was entered into after the expiration of the previous one. To support this the tenant introduced an unsigned lease. There is no question that a valid lease would defeat this proceeding. However, it…
2Cases cited10 opinions
- Burns v. . McCormickNew York Court of Appeals · 1922
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Gracie Square Realty Corp. v. Choice Realty Corp.New York Court of Appeals · 1953
- Palmer v. StephensCourt for the Trial of Impeachments and Correction of Errors · 1845
- Kwoczka v. Dry Dock Savings BankCivil Court of the City of New York · 1966
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Matter of Allbrand Appliance & Television Co.United States Bankruptcy Court, S.D. New York · 1982
- Messner Vetere Berger McNamee Schmetterer Euro Rscg Inc. v. Aegis Group PlcCourt of Appeals for the Second Circuit · 1998
- Lehmann v. LehmannCivil Court of the City of New York · 1999
- Neild v. WolfeNew York Supreme Court · 1981