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Glickman v. Glenwood-Syosset Corp.

Supreme Court, Appellate Term, Second Department
Jan 27, 1965
45 Misc. 2d 655 (N.Y. App. Term 1965)

Opinion

January 27, 1965

Appeal from the District Court, Nassau County, WILLIS B. CARMAN, J.

Gehrig, Ritter, Coffey Stein ( Charles G. Ritter of counsel), for appellants.

Louis Malin for respondent.


Judgment unanimously affirmed, with $25 costs. The case of 14 Second Ave. Realty Corp. v. Anne Steven Corp. ( 16 A.D.2d 751, affd. 12 N.Y.2d 919), relied upon by the court below, dealing as it does with the vendor-vendee situation is not determinative of the issues herein. The significant fact in this case is that plaintiff landlord made an unequivocal election not to recognize defendant's lease or its status as a tenant and therefore is precluded from recovering use and occupation, since a landlord-tenant relationship is a sine qua non to such an action. ( McFarlan v. Watson, 3 N.Y. 286; Rasch, N.Y. Law of Landlord and Tenant, § 105.)

The suggestion in Christatos v. United Cigar Stores Co. ( 144 Misc. 322, citing City of New York v. Fink, 130 Misc. 620) that an owner may recover for use and occupation from a subtenant even in the absence of such a relationship is not supported by the latter case, nor by the established law on this subject.

Concur — GULOTTA, PETTE and GROAT, JJ.

Judgment affirmed, etc.


Summaries of

Glickman v. Glenwood-Syosset Corp.

Supreme Court, Appellate Term, Second Department
Jan 27, 1965
45 Misc. 2d 655 (N.Y. App. Term 1965)
Case details for

Glickman v. Glenwood-Syosset Corp.

Case Details

Full title:MARTIN GLICKMAN et al., Copartners Doing Business as GLICKMAN-SYOSSET…

Court:Supreme Court, Appellate Term, Second Department

Date published: Jan 27, 1965

Citations

45 Misc. 2d 655 (N.Y. App. Term 1965)
257 N.Y.S.2d 498

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