Thiot Realty Corp. v. Rosen

Full title: THIOT REALTY CORPORATION, Appellant, v. IRVING ROSEN, Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: Mar 28, 1941

176 Misc. 109 (N.Y. App. Term 1941)

27 N.Y.S.2d 803

Opinion

March 28, 1941.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, Ninth District.

Bernard Trencher [ Bertram Schleimer of counsel], for the appellant.

Harry Eisner, for the respondent.

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 necessary. 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.