New York State Teachers' Retirement System v. Huberty

Appeal from an order of the Supreme Court at Special Term, entered September 17, 1974 in Albany County, which denied a motion to dismiss the complaint. Plaintiff sets forth two causes of action, (1) for rent due under a written lease and, alternatively, (2) for rent due by reason of the use and occupancy of the premises. Plaintiff’s grantor and defendants entered into a written lease for premises designated as Room 1220, 112 State Street, Albany, New York, for a term commencing September 1, 1971 and terminating August 31, 1974. On June 26, 1973 plaintiff commenced a summary proceeding in…