Park View Gardens, Inc. v. Greene

Full title: PARK VIEW GARDENS, INC., Respondent, v. SAMUEL GREENE, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 17, 1949

274 App. Div. 1062 (N.Y. App. Div. 1949)

Opinion

January 17, 1949.

Appeal from Municipal Court of the City of New York.

Present — Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ.

Order of the Appellate Term unanimously affirmed, with costs. The tenant became a statutory tenant, and that status made inoperative paragraph twenty-fourth (so-called automatic renewal clause) in the lease, after the period from October 1, 1943, to September 30, 1945. The tenant, therefore, was obligated to pay the amount of rent fixed by the Housing Expediter's order from the date specified therein. ( Stern v. Equitable Trust Co., 238 N.Y. 267.)