Payne v. Brathwaite
Appellate Terms of the Supreme Court of New York
Appeal by a tenant from an order of the Municipal Court of the city of New York, borough of Manhattan, seventh district, awarding possession of premises to the landlord.
1Opinion of the CourtBijub, J.
This is a proceeding to remove the defendant as a “ holdover.” The tenant now appeals upon the ground that the tenancy was never effectively terminated. The lease contained a clause which reads in part: “ The lessor shall have the privilege of terminating the within lease at any time in the event of a sale of the premises by giving sixty (60) days’ previous written notice.” The premises were sold by the original landlord to one Annie Payne on December 20, 1919; she on the same day served notice upon the tenant of her election to terminate the lease on the 1st day of March, 1920.
Assuming for…
2Cited by4 opinions
- Gostin v. NeedleCourt of Appeals of Maryland · 1946
- Manzo v. Patch Publishing Co., Inc.District Court of Appeal of Florida · 1981
- Mason v. CurroDistrict of Columbia Court of Appeals · 1945
- Marfil Properties, Inc. v. StateNew York Court of Claims · 1957