Kaufman v. Bartels

Memorandum Per Cotriaon.

The exchange of telegrams did not effect a renewal of the pre-existing lease (Pomeroy v. Newell No. 2, 117 App. Div. 800, 804; Slagel v. Huff, 166 Misc. 168, 171, affd. 254 App. Div. 925, motion for leave to appeal denied 279 N. Y. 813). The tenant, by retaining possession after expiration of the lease, is deemed to have agreed to the landlord’s terms as expressed in the proposed renewal lease (McKee v. Fredke. Loeser & Co., Inc., No. 66, April, 1932, Term), and consequently the landlord was under no obligation to comply with the provisions of the original lease with…