Sisson Realty Corp. v. Mathews

Judgment reversed on the law and facts, with costs, and complaint dismissed, with costs, on the ground that the lease was renewed by the giving of the notice of renewal by the defendant Matthews, and defendant Matthews is entitled to possession of the premises. (Fischer v. Ginzburg, 191 App. Div. 418, 422; Storms v. Manhattan R. Co., 77 id. 94, 98; affd., 178 N. Y. 493; 35 C. J. 1037, § 178; Masset v. Ruh, 235 N. Y. 462.) Van Kirk, P. J., Hinman and Hill, JJ., concur; Davis and Whitmyer, JJ., dissent and vote for affirmance on the ground that it does not appear that it was the intention of…