Cucinotta v. Hanulak

Order and judgment unanimously reversed on the law without costs and complaint dismissed. Memorandum: Plaintiff, an 82-year-old woman, leased an apartment from defendant for a one-year term commencing December 1, 1993. The written lease agreement provided for a monthly rental of $475 and required plaintiff to tender a security deposit. In August 1994 plaintiff suffered a stroke and was hospitalized. By letter dated September 1, 1994, and mailed subsequent thereto, plaintiff’s son advised defendant that plaintiff had been accepted at the Westchester Community Senior Apartments and would be…