Probst v. . Rochester Steam Laundry Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 12, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the Monroe County Court on trial without a a jury. On the 19th of July, 1897, the plaintiff, by an instrument in writing, leased his store in the city of Rochester to one Stadler for the term of one year from that date, at the rent reserved of six dollars a week.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 12, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the Monroe County Court on trial without a a jury. On the 19th of July, 1897, the plaintiff, by an instrument in writing, leased his store in the city of Rochester to one Stadler for the term of one year from that date, at the rent reserved of six dollars a week. The lease contained the following clause: “ The party of the second part has the option of two more years upen same conditions, provided…
1Opinion of the CourtVann, J.
A lessee, who enters into possession of demised premises under a lease for a fixed term with the privilege of extending it by giving written notice to the lessor, and continues in possession after the fixed term has expired, paying the rent thereafter as it becomes due, thereby elects to exercise the option for an extension of the term, although no express notice of such election is given. (Long v. Stafford, 103 N. Y. 274, 283.) In such a lease, the requirement of a written notice may be waived by the parties and a waiver will be implied when the lessee remains in possession and pays the rent…
2Cases cited5 opinions
- Herter v. . MullenNew York Court of Appeals · 1899
- Frank v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
- Long v. . StaffordNew York Court of Appeals · 1886
- Piggot v. MasonNew York Court of Chancery · 1829
- Zorkowski v. . AstorNew York Court of Appeals · 1898
3Cited by26 opinions
- Realty & Rebuilding Co. v. ReaCalifornia Supreme Court · 1920
- Bullock v. CuttingAppellate Division of the Supreme Court of the State of New York · 1913
- Blanchon v. Kellerstrass Distilling Corp.Missouri Court of Appeals · 1919
- Lanham v. McWilliamsCourt of Appeals of Georgia · 1908
- Lott v. DOUGLAS OIL PURCHASING CO., INC.Supreme Court of Alabama · 1986
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