Schloss v. Huber
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the justice of the First District Court, in favor of defendant, in an action for rent of Ho. 248 Avenue A, for the month of February, 1897, upon an alleged yearly hiring terminating May 1, 1897. The defense was that the hiring was by the month and that defendant vacated the premises in J anuary, Judgment was rendered for defendant.
1Opinion of the CourtDaly, P. J.
The tenant had been in possession of the premises for about eleven-years, when she moved out in January, 1897, and the dispute is as to whether she was a monthly tenant during the whole period or whether, having been originally a tenant by the month under previous landlords, she became a tenant by the year under a special agreement with the plaintiff, or, by virtue of the Hew York statute, became a tenant for a term expiring on May 1st, in the absence of any agreement as to term. As all disputes as to special agreements must be deemed, by the judgment of the justice for defendant, to have…
2Cited by1 opinion
- First Nat. Bank in Albuquerque v. TanneyNew Mexico Supreme Court · 1947