WATTERMAN v. FALK


11 Misc.2d 1074 (1958)

Dora Watterman et al., Respondents, v. David Falk et al., Appellants.

Supreme Court, Appellate Term, Second Department.

March 13, 1958.


Attorney(s) appearing for the Case

Abraham M. Feinstein and Julius Siegel for appellants.

Murray Rosof for respondents.

PETTE, HART and DI GIOVANNA, JJ., concur.


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...

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