Burgener v. O'Halloran
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, borough of Queens, second district, entered on the 6th day of November, 1919, whereby it was adjudged that the petition of the landlords herein be dismissed.
1Opinion of the CourtManning, J.
The facts are stipulated, not disputed, and the record presents but a question of law affecting the proper construction of a clause in a certain lease made between the parties, and dated October 7, 1918. The clause in question is as follows: “ That the said tenant shall notify the said landlord one month before the expiration of the term, if he desires to renew the lease.”
The landlords claim that the tenant is not entitled to a renewal under the foregoing clause, while thfe tenant asserts that the clause in question gives him the right to a renewal for the period of one year.
In determining…
2Cases cited12 opinions
- Sattler v. . HallockNew York Court of Appeals · 1899
- Tracy v. . Albany Exchange Co.New York Court of Appeals · 1852
- Bank of Montreal v. . RecknagelNew York Court of Appeals · 1888
- W. Trans. Co. of Buffalo v. . LansingNew York Court of Appeals · 1872
- House v. BurrNew York Supreme Court · 1857
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