Myers v. Beakes Dairy Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Beakes Dairy Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 24th day of November, 1908, affirming a judgment of the Municipal Court of the city of New York in favor of the plaintiff, rendered on the 25th day of July, 1908.
1Dissent
Clarke, J. (dissenting):
The rules of law governing the rights of landlords and the liabilities of tenants in cases of “ holding over ” are well settled and do not need restatement. A careful review of the eases is found in Oussani v. Thompson (19 Misc. Rep. 524). Where the tenant fails to deliver possession the law implies an agreement on his part to hold over for a year upon the terms of the prior lease. It lies with the landlord to exercise the option and not with the tenant. (Schuyler v. Smith, 51 N. Y. 309.) The fact that the actual holding over was by a sub-tenant of the lessees does not…
2Cases cited3 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Haynes v. . AldrichNew York Court of Appeals · 1892
- Oussani v. ThompsonAppellate Terms of the Supreme Court of New York · 1897