113 Misc. 100 | Oneida County Court | 1920
It seems that the petitioner by a deed dated November 10, 1919, obtained title to certain real premises in Utica. At that time the respondent was a tenant occupying a part of the premises. He had a written lease dated September 17, 1917, which lease was for the term of “ one year, with the privilege of four years more from the 1st day of October, 1917, which term will end October 1st, 1918, or 1922.” This lease was signed by the plaintiff’s grantor and by the tenant, but was not acknowledged, and consequently not recorded. Obviously, the tenant had exercised his option to remain for the full term, and, as it was therefore a lease for more than three years the appellant contends that inasmuch as it was not recorded, it was void. The gist of his argument is that inasmuch as section 290 of the Beal Property Law (¶ 3) makes a lease for a term exceeding three years “ a conveyance,” he argues that a conveyance of real estate must be recorded, and as this lease was not recorded, and could not be, he urges that it does not comply with the provisions of sections 290 and 291 of the Beal Property Law, and is, therefore, void. He has sought to raise the rent upon the tenant, and as the latter refuses to pay the increased rent he has brought these proceedings. I do not think his contention is sound. The penalty for failing to record a lease for a term exceeding three years is contained in the concluding sentence of section 291 of the Beal Property Law which says: “ Every such conveyance not so recorded is void as against any subsequent purchaser in good faith and for a valuable consideration, from the same vendor, his heirs or devisees, of the same real prop
I find myself entirely in accord with the text above quoted. It would be difficult to make a more comprehensive and concise statement of the law involved, and it covers the case at bar very completely. The only question that remains is as to whether the statutes of our state require that a lease for more than three years must be acknowledged before a notary or some other
It is, however, claimed that the lease is not properly subscribed. It is written upon a printed form occupying a single sheet of paper, on the second and last page of which following the usual “ witness the hands, seals,” etc., clause, two dotted lines are provided with the letters “L. S.” at the end of each. The parties, however, did not sign on these lines, but folded the
I have examined all of the cases cited by the appellant and do not find any one of them to sustain any of his contentions. I, therefore, reach the following conclusions with reference to this case, and decide:
First. That the lease in question was a good and valid and binding contract between the original parties to it.
Second. That this appellant having full knowledge of the existence of the lease and the possession of the respondent thereunder, prior to his purchase of the premises, is bound by the lease.
It, therefore, follows that the order appealed from must be affirmed, with costs.
Order affirmed, with costs.