Geiger v. Braun
New York Court of Common Pleas
Appeal by plaintiff from judgment dismissing his complaint, rendered in an action in the Fourth District Court in the city of New York. The action was brought to recover from the defendant the rent for June and July, 1875, of a portion of the premises No. 22 First avenue, in the city of New York.
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Appeal by plaintiff from judgment dismissing his complaint, rendered in an action in the Fourth District Court in the city of New York. The action was brought to recover from the defendant the rent for June and July, 1875, of a portion of the premises No. 22 First avenue, in the city of New York. On the trial, the plaintiff testified that the defendant, prior to April 1st, 1875, came to look at the third floor of the premises, and said he would take the rooms, and that the agreement between them was that the defendant “ would occupy the rooms from April 1st, 1875, until May 1st, 1876,” and…
1Opinion of the Court
Charles P. Daly, Chief 'Justice.
The decision of the Court of Appeals, in The People v. Darling (47 N. Y. 666), is controlling in the present case. In that case the tenant occupied the premises for a year, paying the rent monthly, under an agreement void by the statute of frauds. The court held this to be a tenancy from month to month, which could be terminated only by a month’s notice to quit. In the present case, the defendant went into possession under an oral agreement for thirteen months, at $34 a month, payable in advance. He entered into possession on the first of April, 1875. About…
2Cases cited1 opinion
- People Ex Rel. Botsford v. . DarlingNew York Court of Appeals · 1872
3Cited by6 opinions
- Gilfoyle v. CahillAppellate Terms of the Supreme Court of New York · 1896
- Ludington v. GarlockNew York Supreme Court · 1890
- Wilson v. TaylorNew York Court of Common Pleas · 1879
- Hand v. Knaul, New York County Courts1921
- Hoffman v. AllenNew York Court of Common Pleas · 1893
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