Goodley Holding Corp. v. Henry

Appellate Terms of the Supreme Court of New York

Goodley Holding Corp. v. Henry

143 Misc. 321, 255 N.Y.S. 696, 1931 N.Y. Misc. LEXIS 1788

Appellate Terms of the Supreme Court of New York·Decided June 29, 1931·Published

Opinion

Per Curiam.

The evidence indicates that the defendant knew prior to the expiration of his lease that the plaintiff would not renew the lease on terms satisfactory to him. In view of the fact that the defendant continued to occupy the premises after the expiration of the lease, the plaintiff became entitled to treat the lease as renewed by operation of law. (Flomerfelt v. Dillon, 88 N. Y. Supp. 132.)

Judgment reversed, with thirty dollars costs, and judgment directed for plaintiff for the relief demanded in the complaint, with interest and costs.

All concur; present, Levy, Callahan and Untermyer, JJ.

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Per Curiam.

The evidence indicates that the defendant knew prior to the expiration of his lease that the plaintiff would not renew the lease on terms satisfactory to him. In view of the fact that the defendant continued to occupy the premises after the expiration of the lease, the plaintiff became entitled to treat the lease as renewed by operation of law. (Flomerfelt v. Dillon, 88 N. Y. Supp. 132.)

Judgment reversed, with thirty dollars costs, and judgment directed for plaintiff for the relief demanded in the complaint, with interest and costs.

All concur; present, Levy, Callahan and Untermyer, JJ.

Goodley Holding Corp. v. Henry, 143 Misc. 321, 255 N.Y.S. 696, 1931 N.Y. Misc. LEXIS 1788 (N.Y. Ct. App. 1931).

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