Gorham Construction Co. v. Woolman
Appellate Terms of the Supreme Court of New York
Appeal by the tenant from a final order of the Municipal Court of the city of New York, borough of Manhattan, seventh district, in favor of the landlord in a summary proceeding to remove the tenant after the alleged expiration of the tenancy.
1Opinion of the CourtGuy, J.
On this appeal by the tenant from a dispossess order the main point to be determined is whether a covenant in a written lease for a term of years providing that if the landlord shall thereafter deem the tenant an undesirable one, it may terminate the lease upon giving the tenant written notice of its intention so to do, clothes the landlord with power to arbitrarily treat the lease as a tenancy at will, and, by declaring the tenant undesirable and notifying him to that effect, terminate the lease, whether such declaration and notice are made and given in good faith or as a mere subterfuge for…
2Cases cited10 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Simon v. . EtgenNew York Court of Appeals · 1915
- Folliard v. WallaceNew York Supreme Court · 1807
- Schoellkopf v. . CoatsworthNew York Court of Appeals · 1901
- Miesell v. . Globe Mutual Life Insurance Co.New York Court of Appeals · 1879
5 more not listed; retrieve them via the Exa API.