Legal Opinion
Garner v. Gerrish
New York Court of Appeals
Decided November 27, 1984PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
The question on this appeal is whether a lease which grants the tenant the right to terminate the agreement at a date of his choice creates a determinable life tenancy on behalf of the tenant or merely establishes a tenancy at will. The courts below held that the lease created a tenancy at will permitting the current landlord to evict the tenant. We granted the tenant’s motion for leave to appeal and now reverse the order appealed from.
In 1977 Robert Donovan owned a house located in Potsdam, New York. On April 14 of that year he leased the premises to the…
2Cases cited3 opinions
- W. Trans. Co. of Buffalo v. . LansingNew York Court of Appeals · 1872
- Hoff v. Royal Metal Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Collins v. ShanahanColorado Court of Appeals · 1974
3Cited by8 opinions
- People v. BartleyIllinois Supreme Court · 1985
- Resolution Trust Corp. v. DiamondCourt of Appeals for the Second Circuit · 1994
- Warren Street Associates v. City Hall Tower Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Farone v. MintzerAppellate Division of the Supreme Court of the State of New York · 1987
- Resolution Trust Corporation v. Selma DiamondCourt of Appeals for the Second Circuit · 1994
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