Legal Opinion
J. W. Cushman & Co. v. O'Hara
Appellate Terms of the Supreme Court of New York
Decided February 13, 1914PublishedCited by 2 opinions
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by J. W. Cushman & Co. against Frank O’Hara. Judgment for defendant, and plaintiff appeals. Reversed, and new trial granted. Argued January term, 1914, before LEHMAN, PAGE, and BI-JUR, JJ.
1Opinion of the CourtBijur, J.
This action was brought for four months’ rent succeeding May 1, 1913. There was put in evidence the lease between plaintiff and defendant covering the period from June, 1912, to May 1, 1913, which contained the following clause:
“Eighth. This lease, from the date of expiration shall be considered renewed on the same terms and conditions by both parties, from year to year, unless cancellation or modification is made in writing by either party, three months prior to May first, 1913.”
I do not find the clause ambiguous. It seems to me quite sufficiently clear that it means that the lease should be…
2Cited by2 opinions
- Simon Ginsberg Realty Co. v. GreensteinCity of New York Municipal Court · 1935
- Geneve Courts, Inc. v. PomeranzCity of New York Municipal Court · 1936