Damascus Realty Corp. v. Fluss

Appellate Terms of the Supreme Court of New York

Damascus Realty Corp. v. Fluss

133 Misc. 702, 233 N.Y.S. 291, 1929 N.Y. Misc. LEXIS 682

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 7, 1929

StatusPublished

This text of 133 Misc. 702 (Damascus Realty Corp. v. Fluss) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Damascus Realty Corp. v. Fluss, 133 Misc. 702, 233 N.Y.S. 291, 1929 N.Y. Misc. LEXIS 682 (N.Y. Ct. App. 1929).

Pincite

Opinion

Per Curiam.

It was not necessary to the barring of the exercise of the landlord’s election to hold the tenant as renewing for another year, that the landlord should expressly or impliedly agree to the tenant’s holding over as a monthly tenant, for if the landlord by any statement made gave the tenant to understand that he could not prevent the tenant from so holding over and the tenant upon the faith of the statement- held over, the landlord would be estopped from denying that the tenant was a monthly holdover.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Lydon, Callahan and Peters, JJ.

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Per Curiam.

It was not necessary to the barring of the exercise of the landlord’s election to hold the tenant as renewing for another year, that the landlord should expressly or impliedly agree to the tenant’s holding over as a monthly tenant, for if the landlord by any statement made gave the tenant to understand that he could not prevent the tenant from so holding over and the tenant upon the faith of the statement- held over, the landlord would be estopped from denying that the tenant was a monthly holdover.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Lydon, Callahan and Peters, JJ.

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Bluebook (online)

133 Misc. 702, 233 N.Y.S. 291, 1929 N.Y. Misc. LEXIS 682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/damascus-realty-corp-v-fluss-nyappterm-1929.