GARNER v. GERRISH


63 N.Y.2d 575 (1984)

David R. Garner, as Executor of Robert J. Donovan, Deceased, Respondent, v. Louis Gerrish, Appellant.

Court of Appeals of the State of New York.

Decided November 27, 1984.


Attorney(s) appearing for the Case

George H. Barber for appellant.

Nathan R. Fenno for respondent.

Chief Judge COOKE and Judges JASEN, JONES, MEYER, SIMONS and KAYE concur.


WACHTLER, J.

The question on this appeal is whether a lease which grants the tenant the right to terminate the agreement at a date of his choice creates a determinable life tenancy on behalf of the tenant or merely establishes a tenancy at will. The courts below held that the lease created a tenancy at will permitting the current landlord to evict the tenant. We granted the tenant's motion for leave to appeal...

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