CONCOURSE NURSING HOME v. AXIOM FUNDING GROUP, INC.


279 A.D.2d 271 (2001)

719 N.Y.S.2d 19

CONCOURSE NURSING HOME et al., Appellants, v. AXIOM FUNDING GROUP, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 4, 2001.


Plaintiff, having continued its beneficial utilization of the equipment rented from defendant beyond the term of the governing leases, was not entitled, pursuant to General Obligations Law § 5-901, to recover rent paid by it for the equipment during the periods of use subsequent to the termination of each lease. While, in view of defendant's failure to comply with General Obligations Law § 5-901, the subject leases were never effectively renewed for a definite term...

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