Thiot Realty Corp. v. Rosen

New York Supreme Court

Thiot Realty Corp. v. Rosen

176 Misc. 109, 27 N.Y.S.2d 803, 1941 N.Y. Misc. LEXIS 1804

DecidedMarch 28, 1941

StatusPublished

This text of 176 Misc. 109 (Thiot Realty Corp. v. Rosen) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thiot Realty Corp. v. Rosen, 176 Misc. 109, 27 N.Y.S.2d 803, 1941 N.Y. Misc. LEXIS 1804 (N.Y. Super. Ct. 1941).

Pincite

Opinion

Per Curiam.

Mere silence on the part of the landlord after receipt of a letter stating that tenant wished to remain as a monthly tenant was not sufficient to establish that a month-to-month tenancy agreement was created. Something more than mere silence is [110]*110necessary. Defendant was a holdover tenant and as such is liable for the rent sued for.

. Judgment reversed, with thirty dollars costs, and judgment directed in favor of plaintiff as claimed in the summons.

All concur. Present — McCook, Hammer and McLaughlin, JJ.

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Per Curiam.

Mere silence on the part of the landlord after receipt of a letter stating that tenant wished to remain as a monthly tenant was not sufficient to establish that a month-to-month tenancy agreement was created. Something more than mere silence is [110]*110necessary. Defendant was a holdover tenant and as such is liable for the rent sued for.

. Judgment reversed, with thirty dollars costs, and judgment directed in favor of plaintiff as claimed in the summons.

All concur. Present — McCook, Hammer and McLaughlin, JJ.

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Bluebook (online)

176 Misc. 109, 27 N.Y.S.2d 803, 1941 N.Y. Misc. LEXIS 1804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thiot-realty-corp-v-rosen-nysupct-1941.