155 N.Y.S. 451 | N.Y. App. Term. | 1915
The plaintiff is the purchaser of certain premises under a mortgage foreclosure. The defendant held a lease from the former owner for a term of three years expiring May 1, 1915, at sixty dollars per month. It is conceded, that this lease was terminated by the foreclosure prior to July 1, 1914. The only-evidence of the nature of the defendant’s tenancy is the fact that he paid rent to the new landlord each month at the rate of sixty dollars per month until January 30, 1915, upon which' date he paid the rent for the month of January and vacated the premises. This action is brought to recover rent for the month of February, 1915, on the theory that it is an indefinite hiring which section 232 of the Real Property Law converted into a hiring until the 1st day of May following. Judgment was granted for-the plaintiff on this theory.
It is well settled that section 232 of the Real Property Law only applies where there is an agreement for hiring in which the term of lease remains undeter
The judgment for the February rent must accordingly be reversed, with thirty dollars costs, and the complaint dismissed, with costs.
Judgment reversed, with thirty dollars costs, and complaint dismissed, with costs.