Lidsky v. Bragarnick

Appellate Terms of the Supreme Court of New York

Lidsky v. Bragarnick

53 Misc. 2d 649, 279 N.Y.S.2d 511, 1967 N.Y. Misc. LEXIS 1652

Appellate Terms of the Supreme Court of New York·Decided March 30, 1967·Published

Opinion

Per Curiam.

In this nonpayment summary proceeding, covering decontrolled premises, landlords seek increased rent based on tenant’s continued occupancy after his lease expired, in accordance with a notice served. The effect of such notice and continued occupancy thereunder created a new agreement (St. James Apts. v. Finke, 181 N. Y. S. 356; 463 Realty Corp. v. Moloff, 62 N. Y. S. 2d 83; Kaufman v. Bartels, 182 Misc. 128). The jury waiver clause in the expired lease did not carry over into the new tenancy.

The order should be reversed, with $10 costs, and motion denied.

Concur — Markowitz, J. P., Hopstadter and Hecht, Jr., JJ.

Order reversed, etc.

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Per Curiam.

In this nonpayment summary proceeding, covering decontrolled premises, landlords seek increased rent based on tenant’s continued occupancy after his lease expired, in accordance with a notice served. The effect of such notice and continued occupancy thereunder created a new agreement (St. James Apts. v. Finke, 181 N. Y. S. 356; 463 Realty Corp. v. Moloff, 62 N. Y. S. 2d 83; Kaufman v. Bartels, 182 Misc. 128). The jury waiver clause in the expired lease did not carry over into the new tenancy.

The order should be reversed, with $10 costs, and motion denied.

Concur — Markowitz, J. P., Hopstadter and Hecht, Jr., JJ.

Order reversed, etc.

Lidsky v. Bragarnick, 53 Misc. 2d 649, 279 N.Y.S.2d 511, 1967 N.Y. Misc. LEXIS 1652 (N.Y. Ct. App. 1967).

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