Legal Opinion
Elliot v. Polny
Civil Court of the City of New York
Decided May 19, 1986PublishedCited by 1 opinion
1Opinion of the Court
*237OPINION OF THE COURT
Charles E. Ramos, J.
The sole issue to be determined in this commercial holdover proceeding is whether the respondent is liable for use and occupation from the end of her term to the date of trial, or if her liability extends only up to the date on which she offered to deliver vacant possession of the premises to the petitioner.
The respondent conducted her business at the subject premises for many years. Prior to the expiration of the last lease the parties failed to reach agreement on a renewal. The petitioner has since negotiated a new lease with another tenant at a…
2Cases cited6 opinions
- United Merchants' Realty & Improvement Co. v. RothNew York Court of Appeals · 1908
- City of New York v. FinkNew York Supreme Court · 1927
- First Stamford National Bank & Trust Co v. PierceNew York City Court · 1937
- Morris v. SuerkenNew York Supreme Court · 1914
- Fernschild v. BrownAppellate Division of the Supreme Court of the State of New York · 1938
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3Cited by1 opinion
- Warner v. LyonAppellate Terms of the Supreme Court of New York · 2019