Legal Opinion
United Mutual Life Insurance v. ICBC Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 21, 1978No. (July 6, 1978)PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Silverman, J.
Plaintiff appeals from an order of Special Term granting defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 7) for failure to state a cause of action.
The issue on this appeal is whether, on the facts as alleged in the complaint and the proper application of section 232-c of the Real Property Law, a month-to-month tenancy was created between plaintiff landlord and defendant tenant ICBC after the expiration of the original term of the lease, December 31, 1974, or whether, on the facts as alleged in the complaint, it could be found…
2Cases cited4 opinions
- United Merchants' Realty & Improvement Co. v. RothNew York Court of Appeals · 1908
- Long v. . StaffordNew York Court of Appeals · 1886
- Probst v. . Rochester Steam Laundry Co.New York Court of Appeals · 1902
- 28 Mott Street Co. v. Summit Import Corp.Appellate Division of the Supreme Court of the State of New York · 1970
3Cited by7 opinions
- Stainless Broadcasting Co. v. Clear Channel Broadcasting Licenses, L.P.Appellate Division of the Supreme Court of the State of New York · 2009
- Anita Babikian, Inc. v. TMA Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Palumbo v. DonaldsCivil Court of the City of New York · 2003
- Tricarichi v. MoranAppellate Terms of the Supreme Court of New York · 2012
- Columbia Equities, Ltd. v. Apple Bank for SavingsAppellate Division of the Supreme Court of the State of New York · 1991
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