J. H. Schneider & Co. v. Amendola
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Summary proceeding by J. H. Schneider & Co., landlord, against Gaetano Amendola, tenant. From a final order dismissing the petition, the landlord appeals.
1Opinion of the CourtFord, J.
This is an appeal from a final order dismissing the landlord’s petition in summary proceedings upon the ground of insufficient notice.
There was evidence from which the jury might well have found that the tenancy was commenced on the basis of a monthly hiring, in contradistinction to the hiring “from month to month,” which creates a tenancy of uncertain duration, requiring 30 days’ notice for its termination. In the testimony of the witness Cairns, who, as representative of the landlord, had the first negotiations with the tenant appears the following:
“Q. Was there anything said about a lease…
Also in this document: Concurrence.
2Cases cited6 opinions
- Flandrow v. . HammondNew York Court of Appeals · 1895
- Cutting v. BurnsAppellate Division of the Supreme Court of the State of New York · 1901
- Haines v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1895
- Gilfoyle v. CahillAppellate Terms of the Supreme Court of New York · 1896
- McNish v. Village of PeekskillNew York Supreme Court · 1895
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