Legal Opinion

Vita v. Dol-Fan, III, Inc.

Appellate Terms of the Supreme Court of New York

Decided November 29, 2007PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Final judgment affirmed without costs.

In this commercial holdover proceeding, landlord claims that the lease expired on June 7, 2005, that tenant remained in possession thereafter as a month-to-month tenant, and that the month-to-month tenancy was terminated effective March 7, 2006. Tenant defends on the ground that the lease provided for an option to extend the term thereof for an additional five years, at an increased rent, and that the lease had in fact been extended. One of tenant’s principals testified at trial that landlord had asked him, when he went to…

2Cases cited5 opinions

  1. Jones v. GianferanteNew York Court of Appeals · 1953
  2. Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
  3. Probst v. . Rochester Steam Laundry Co.New York Court of Appeals · 1902
  4. Armstrong v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1923
  5. Paladino v. SotilleAppellate Terms of the Supreme Court of New York · 2007

3Cited by1 opinion

  1. Standard Heat, Inc. v. DonatoAppellate Terms of the Supreme Court of New York · 2013

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