Goodley Holding Corporation v. Henry

Full title: GOODLEY HOLDING CORPORATION, Appellant, v. GEORGE W. HENRY, Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: Jun 29, 1931

143 Misc. 321 (N.Y. App. Term 1931)

255 N.Y.S. 696

Opinion

June 29, 1931.

Levy, Gutman Goldberg, for the appellant.

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.S. 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.