Clendinning v. Lindner
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by William W. Clendinning against Richard Lindner for rent. From a judgment entered on a verdict directed by the court in favor of plaintiff, defendant appeals. Affirmed. The lease was made on October 31, 1888, for a term of one year, with the privilege of renewal for two years longer. Defendant held over after the expiration of the year named in the lease, and afterwards abandoned the premises.
1Opinion of the CourtGildersleeve, J.
This action was brought to recover rent of certain premises. The court below directed a verdict for plaintiff, and the defendant appeals from the judgment entered thereon. The malting of the lease was admitted by the defendant. The recovery was for a term covered by an alleged renewal, which the defendant, in his answer, denies making. The proof clearly establishes a holding over by the defendant, and the creation thereby of a liability to the plaintiff for the rent sought to be collected. The holding over was an election to renew the lease, and continued the tenancy for the whole balance of…
2Cited by7 opinions
- Merrill v. WillisNebraska Supreme Court · 1897
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- Feust v. CraigAppellate Terms of the Supreme Court of New York · 1907
- M. L. Improvement Corp. v. StateNew York Court of Claims · 1922
- Loomis v. LewisAppellate Division of the Supreme Court of the State of New York · 1901
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