Legal Opinion

Boyd H. Wood Co. v. Horgan

New York Court of Appeals

Decided December 8, 1943PublishedCited by 15 opinions

1Opinion of the CourtLewis, J.

The provisions of section 230 of the Beal Property Law (L. 1934, ch. 576) were designed to afford to tenants a measure of protection against automatic renewal clauses in leases of real property. Our problem is to determine whether a clause in a written lease, by which a tenant waives in advance the benefits of that statute, is void as opposed to the public policy of this State.

That question arises in an action for rent brought by the respondent, a landlord, against the appellant, a tenant, who leased an apartment for a term of one year commencing October 1, 1937. The tenant remained in…

2Cases cited5 opinions

  1. Shapley v. . AbbottNew York Court of Appeals · 1870
  2. Kneettle v. . NewcombNew York Court of Appeals · 1860
  3. Roach v. . CurtisNew York Court of Appeals · 1908
  4. Crowe v. . Liquid Carbonic Co.New York Court of Appeals · 1913
  5. Adler v. . Weis Fisher Co.New York Court of Appeals · 1916

3Cited by15 opinions

  1. John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
  2. Erbe v. Lincoln Rochester Trust Co.Appellate Division of the Supreme Court of the State of New York · 1961
  3. Estro Chemical Co. v. FalkNew York Court of Appeals · 1951
  4. Snoddy v. Teepak, Inc.Appellate Court of Illinois · 1990
  5. 950 Third Ave Co. v. Eastland Industries, Inc.Civil Court of the City of New York · 1983

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