Kelly v. Varnes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jerome E. Yarnes, from a judgment of the County Court of Cayuga county in favor , of the plaintiff, entered in the office of the clerk of the county of Cayuga on the 20th day of December, 1899, affirming a final order of a justice of the peace of the city of Auburn, rendered on the 10th day of June, 1899, dispossessing the defendant, a tenant, in a summary proceeding, and awarding to Ann Kelly, the plaintiff, as landlord, the possession of the…
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Appeal by the defendant, Jerome E. Yarnes, from a judgment of the County Court of Cayuga county in favor , of the plaintiff, entered in the office of the clerk of the county of Cayuga on the 20th day of December, 1899, affirming a final order of a justice of the peace of the city of Auburn, rendered on the 10th day of June, 1899, dispossessing the defendant, a tenant, in a summary proceeding, and awarding to Ann Kelly, the plaintiff, as landlord, the possession of the premises described in her petition. On the 1st day of April, 1898, the respondent executed and delivered to the appellant a…
1Opinion of the Court
Laughlin, J.:
The provision of the lease with reference to an extension of the term is somewhat indefinite, but not sufficiently so to render it void *103for uncertainty. It at least gave the tenant the privilege of a further term of one year at the rental specified for the first year. (Voege v. Ronalds, 83 Hun, 114; Tracy v. Albany Exchange Co., 7 N. Y. 472; Western Transportation Co. v. Lansing, 49 id.. 499 ; Kolasky v. Michels, 120 id. 635 ; Smith v. Littlefield, 51 id. 539; Pugsley v. Aikin, 11 id. 494.)
The holding over by the tenant for the period specified was sufficient evidence of an…
2Cases cited9 opinions
- Beach v. . NixonNew York Court of Appeals · 1853
- Tracy v. . Albany Exchange Co.New York Court of Appeals · 1852
- Kelso v. KellyNew York Court of Common Pleas · 1860
- Kramer v. AmbergNew York Court of Common Pleas · 1889
- Voege v. RonaldsNew York Supreme Court · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Model Dairy Co., Inc. v. Foltis-Fischer, Inc.Court of Appeals for the Second Circuit · 1933
- Miller v. Albany Lodge No. 206Court of Appeals of Kentucky · 1916
- Jacob Dold Packing Co. v. Kings County Refrigerating Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Schlaich v. BlumNew York Supreme Court · 1903
- Farone v. Burns, New York County Courts1961
9 more not listed; retrieve them via the Exa API.