Watterman v. Falk

Appellate Terms of the Supreme Court of New York

Watterman v. Falk

11 Misc. 2d 1074, 174 N.Y.S.2d 88, 1958 N.Y. Misc. LEXIS 3719

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 13, 1958

StatusPublished

Cited by3 cases

This text of 11 Misc. 2d 1074 (Watterman v. Falk) 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

Watterman v. Falk, 11 Misc. 2d 1074, 174 N.Y.S.2d 88, 1958 N.Y. Misc. LEXIS 3719 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

Upon the expiration of the original Term, the landlords were required to elect whether to treat the tenants as trespassers or as tenants from year to year (Kennedy v. City of New York, 196 N. Y. 19). They permitted the tenants to remain in possession and accepted rent for the next four months at the rate stipulated in the lease. Absent proof of any other understanding between the parties, it must be presumed that the lease was renewed for another year at the same terms. (See Cole v. Sanford, 77 Hun 198, and cases -there cited.)

[1075]*1075Final order unanimously modified on the law and facts by reducing landlords’ recovery for rent to $125 for the month commencing November 1, 1957, together with appropriate costs in the court below, and as so modified, affirmed, with $25 costs of this appeal to the tenants.

Pette, Hart and Di Giovanna, JJ,, concur.

Final order modified, etc.

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Per Curiam.

Upon the expiration of the original Term, the landlords were required to elect whether to treat the tenants as trespassers or as tenants from year to year (Kennedy v. City of New York, 196 N. Y. 19). They permitted the tenants to remain in possession and accepted rent for the next four months at the rate stipulated in the lease. Absent proof of any other understanding between the parties, it must be presumed that the lease was renewed for another year at the same terms. (See Cole v. Sanford, 77 Hun 198, and cases -there cited.)

[1075]*1075Final order unanimously modified on the law and facts by reducing landlords’ recovery for rent to $125 for the month commencing November 1, 1957, together with appropriate costs in the court below, and as so modified, affirmed, with $25 costs of this appeal to the tenants.

Pette, Hart and Di Giovanna, JJ,, concur.

Final order modified, etc.

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Bluebook (online)

11 Misc. 2d 1074, 174 N.Y.S.2d 88, 1958 N.Y. Misc. LEXIS 3719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watterman-v-falk-nyappterm-1958.

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