Legal Opinion
805 St. Marks Avenue Corp. v. Finkelstein
Appellate Division of the Supreme Court of the State of New York
Decided December 4, 1931PublishedCited by 2 opinions
1Opinion of the CourtHagarty, J.
Tersely put, this appeal presents the following question: Where a lease provides that it shall be extended and renewed until notice of termination is given, and the tenant gives a timely and proper notice but fails to vacate at the expiration of the term, has the landlord the option to treat the tenant as a trespasser or as a tenant for another year upon the terms of the prior lease, so far as applicable? The Municipal Court and the Appellate Term, by their decisions, answered this question in the negative. I reach a different conclusion.
There is no case in the State of New York exactly in…
2Cases cited7 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Kennedy v. . City of New YorkNew York Court of Appeals · 1909
- Haynes v. . AldrichNew York Court of Appeals · 1892
- Herter v. . MullenNew York Court of Appeals · 1899
- United Merchants' Realty & Improvement Co. v. RothNew York Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Estate of ErlangerNew York Surrogate's Court · 1932
- Courts v. GoldenAppellate Division of the Supreme Court of the State of New York · 1939