171 N.Y. 584 | NY | 1902
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A lessee, who enters into possession of demised premises under a lease for a fixed term with the privilege of extending it by giving written notice to the lessor, and continues in possession after the fixed term has expired, paying the rent thereafter as it becomes due, thereby elects to exercise the option for an extension of the term, although no express notice of such election is given. (Long v. Stafford,
The assignment of the lease in question by the lessee to the defendant conferred upon it all his rights, including the privilege of exercising the option to extend the term. "The benefit running with the land is transmitted by assignment." (McAdam's Landlord Tenant [3rd ed.], 377; Piggot v. Mason,
1 Paige, 412.) The assignee thereupon became liable for the rent by privity of estate so long as it remained in possession, *588
but it could have terminated the liability at any time during the first year by assigning the lease and leaving the premises. (Frank v. N.Y., L.E. W.R.R. Co.,
We think that from the mutual action of the parties, the one remaining in possession and paying the rent and the other consenting thereto by accepting the rent, a contract arose by implication of law binding upon both, which extended the lease for the period named in the option. The judgment should, therefore, be affirmed, with costs.
PARKER, Ch. J., GRAY, O'BRIEN, BARTLETT, MARTIN and CULLEN, JJ., concur.
Judgment affirmed.