Stevens v. Nye

On May 28, 1946, a written binder agreement was entered into between petitioner, as seller, and respondent Frances M. Nye, as purchaser, providing for the sale and purchase of certain real property in New Rochelle. A formal contract of sale was entered into on June 22, 1946, which provided that possession was given to the purchaser as a “ tenant at sufferance ”, and that the purchaser “ shall not * * * be deemed a vendee in possession.” The agreement to purchase was never consummated. On August 25, 1952, petitioner served the thirty-day notice required by section 228 of the Real Property Law…