Sclar v. Glassgold

Appellate Terms of the Supreme Court of New York

Sclar v. Glassgold

151 Misc. 726, 272 N.Y.S. 156, 1934 N.Y. Misc. LEXIS 1346

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 26, 1934

StatusPublished

This text of 151 Misc. 726 (Sclar v. Glassgold) 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

Sclar v. Glassgold, 151 Misc. 726, 272 N.Y.S. 156, 1934 N.Y. Misc. LEXIS 1346 (N.Y. Ct. App. 1934).

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Opinion

Per Curiam.

Although the landlord may by notice fix the rent to be paid by a tenant in the event that he remain in possession after the expiration of his term, upon the agreement of the parties contained in the record in this case, wherein the mortgagee had made a lease to the owner for occupation of an apartment in the owner’s building at a nominal rental of one dollar a month, the petitioner-mortgagee was not entitled by notice to exact from the owner seventy dollars a month rent for the apartment after the termination of the so-called lease, since the owner had a right to retain possession until the sale in foreclosure. (Holmes v. Gravenhorst, 263 N. Y. 148; Guaranty Trust Co. v. Bisjo Realty Corporation, 152 Misc. 522.)

Final order and judgment reversed, with thirty dollars costs, and final order directed for the tenant, with costs.

All concur; present, Hammer, Callahan and Shientag, JJ.

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Per Curiam.

Although the landlord may by notice fix the rent to be paid by a tenant in the event that he remain in possession after the expiration of his term, upon the agreement of the parties contained in the record in this case, wherein the mortgagee had made a lease to the owner for occupation of an apartment in the owner’s building at a nominal rental of one dollar a month, the petitioner-mortgagee was not entitled by notice to exact from the owner seventy dollars a month rent for the apartment after the termination of the so-called lease, since the owner had a right to retain possession until the sale in foreclosure. (Holmes v. Gravenhorst, 263 N. Y. 148; Guaranty Trust Co. v. Bisjo Realty Corporation, 152 Misc. 522.)

Final order and judgment reversed, with thirty dollars costs, and final order directed for the tenant, with costs.

All concur; present, Hammer, Callahan and Shientag, JJ.

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Bluebook (online)

151 Misc. 726, 272 N.Y.S. 156, 1934 N.Y. Misc. LEXIS 1346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sclar-v-glassgold-nyappterm-1934.

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