Legal Opinion

Larkin v. Radosta

Appellate Division of the Supreme Court of the State of New York

Decided May 10, 1907PublishedCited by 6 opinions

Appeal by the-plaintiff, John Larkin, from, an order of the Municipal Court of the city of New York, borough of Brooklyn* rendered on the 11th day of September, 1906.

1Opinion of the Court

Gaynor, J.:

The tenant had been in possession under a monthly tenancy- for about 12 years. On the landlord’s agent raising his rent from $16 to $17 a month, the tenant asked the agent for a 3 years’lease. He made and delivered to him such a lease in writing; not in the landlord’s name, however, but in his own name. If, nevertheless, we deem it the landlord’s lease .(for it was not' under seal), it was void because . the agent had no written authority toi-make it. Section 207 of the Beal Property Law requires written authority to an agent to make a lease for his landlord for. more than one year…

2Cited by6 opinions

  1. Holm v. C.M.P. Sheet Metal, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
  2. Carman v. Fox, New York County Courts1914
  3. Siemers v. HeuchelNew York Supreme Court · 1919
  4. Finkelstein v. FabyikAppellate Terms of the Supreme Court of New York · 1907
  5. Hall v. HyleNew York Supreme Court · 1912

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