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LIDSKY v. BRAGARNICK

53 Misc.2d 649 (1967)

David Lidsky et al., Respondents, v. Robert Bragarnick, Appellant.

Supreme Court, Appellate Term, First Department.

March 30, 1967

Attorney(s) appearing for the Case

Szold & Schapiro (Martin Szold of counsel), for appellant. Max Steinberg for respondents.

Concur — MARKOWITZ, J. P., HOFSTADTER and HECHT, JR., JJ.

Per Curiam.

In this nonpayment summary proceeding, covering decontrolled premises, landlords seek increased rent based on tenant's continued occupancy after his lease expired, in accordance with a notice served. The effect of such notice and continued occupancy thereunder created a new agreement (St. James Apts. v. Finke, 181 N.Y.S. 356; 463 Realty Corp. v. Moloff, 62 N.Y.S.2d 83; Kaufman v. Bartels, 182 Misc. 128). The jury waiver clause in the...

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