Legal Opinion

Bleistift v. Diener

Appellate Terms of the Supreme Court of New York

Decided May 4, 1911PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Abraham I. Bleistift against Samuel Diener and others. From a judgment for plaintiff, and an order denying a new trial, defendants appeal.

1Opinion of the CourtLehman, J.

[1] Plaintiff has recovered a judgment for rent for the month of May of premises occupied by the defendants. It appears from the plaintiff’s testimony that the defendants occupied the premises under a written lease, which expired on May 1st. Thereafter they held over, and used and occupied the premises until about the middle of the month. About May 18th the plaintiff sent a man to defendants’ new place of business to demand the keys, and the defendants delivered up the keys.

“The law is well settled that, when a tenant under a demise for a year or more holds over after the end of his term…

2Cases cited1 opinion

  1. Goldberg v. MittlerAppellate Terms of the Supreme Court of New York · 1898

3Cited by1 opinion

  1. Haas v. O'ConnellAppellate Terms of the Supreme Court of New York · 1926

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