Kod-Rose Holding Corp. v. Aglietti

The action is for rent for the months of January and February, 1940, of an apartment under a written lease for a term commencing January 1, 1938, and ending December 31, 1939. December 31, 1939, fell on Sunday. January 1, 1940, was New Year’s Day, a legal holiday. The tenant moved out on Tuesday, January 2, 1940. Plaintiff claims that defendant is liable as a holdover tenant for the two months the apartment remained vacant, January and February, 1940.

Defendant relies on sections 20, 24 and 25 of the General Construction Raw, Section 20, so far as material, reads: “ A number *277of days specified…