Schmidt v. Leary

This is an appeal from a final order of the City Court of New Rochelle in favor of the tenant dismissing the landlord’s petition in summary proceedings.

*1040On December 30, 1944, the landlord purchased the property concerned from the former owner who had a written lease with the tenant. This lease contained a clause providing for a sixty-day notice to cancel the lease upon execution of a contract for the sale of the demised premises. Such a notice was duly served and the lease was terminated as of February 1, 1945.

While the contract of sale was not put in evidence both parties assumed its…