Federoff v. Nieratko

Evans, P. J.,

This is before us on a petition to stay all proceedings pending an appeal from a judgment entered by Alderman Thomas M. McCarty on August 27, 1948, in favor of plaintiff in eviction proceedings.

Petitioners aver tenancy under a written lease executed in March 1944 for a period of one year; they claim a year-to-year tenancy thereafter as the basis of their right to remain in possession until April 1, 1949. The answer denies that a written lease was ever *584executed and avers that an oral lease on a month-to-month basis constitutes the actual contractual relationship between the…