Legal Opinion

Clukies v. Wright

New York District Court

Decided March 3, 1964PublishedCited by 1 opinion

1Opinion of the CourtFrancis J. Donovan, J.

In this summary proceeding, the landlords seek to recover $250 rent for the month of March, 1964. The lease was for one year at $125 per month terminating on February 29, 1964. The sole issue tendered at the trial was the effect of a notice delivered to the tenant prior to termination of the lease stating: 4 4 Beginning March 1, 1964 your rent is and will be Two Hundred and Fifty ($250.00) Dollars per month. ’ ’

Nonpayment of the rent, timeliness of the notice and occupancy beyond March 1, 1964 are all conceded.

At common law a landlord could unilaterally fix a greater rental or different terms…

2Cases cited2 opinions

  1. Farrell v. WoodwardAppellate Terms of the Supreme Court of New York · 1917
  2. Ungar v. SchwartzNassau County District Court · 1961

3Cited by1 opinion

  1. Salomone & Co. v. MenonCivil Court of the City of New York · 1968

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