43 Misc. 384 | N.Y. App. Term. | 1904
The history of the material facts in this case is as follows: La 1899 the demised premises were owned by George and Charles H. River. On August 13, 1899, they leased the premises, an apartment-house, to the Amsterdam Realty Company, a domestic corporation, for the term of ten" years. The Amsterdam Realty Company took possession of said premises and continued to occupy and collect the rents therefrom until October 23, 1901, when they surrendered their lease and the possession of the premises to the Plyers.
Prior to this time and in August, 1901, the defendant had entered into possession and occupancy of an apartment in said house by virtue of a written sealed lease executed by “ D. Lamb, agent,” which lease was for a term of three years from October 1, 1901, at a monthly rental of forty dollars per month payable in advance. After the surrender of the lease made between the Plyers and the Amsterdam Realty Company, George Plyer,who had become sole owner, sold the premises to one Lassall. Lassall sold them to M. S. Mannes and A. M. Rau, who in turn transferred the property to these landlords. Each of said conveyances was made by the grantors and taken by the grantees subject to “ existing tenancies.” The conveyance by which these plaintiffs obtained title was dated March 12, 1903. On August 29, 1903, the landlords notified the defendant that on and after the 1st day of October, 1903, the monthly rental of said apartments would be forty-five dollars per month. The tenant continued his occupation of the premises, but refusing to pay the five dollars extra demanded by the landlords for the month of October, these proceedings were instituted, and from a decision in favor of the tenant the landlords appeal.
The landlords ignoring any prior lease to the tenant al
It follows that the order appealed from was right and it should be affirmed, with costs.
Ebeebman, P. J., and Blawchabb, T., concur.
Order affirmed, with costs.