135 N.Y.S. 633 | N.Y. App. Term. | 1912
Plaintiff’s assignor entered into a lease with the defendant, dated October 23, 1909, for certain premises therein described, for a period of eleven months from November 1, 1909, at a rental of $462, payable in instalments of $42 monthly in advance. In August or September, 1910, prior to the expiration of the lease, a new lease was prepared for one year at a rental of. $540, payable $45 monthly. This lease was not signed. Defendant testifies that she told the agent that she would not sign the lease at that, rental, then told by the agent she would hold over. On the first of October, however, she paid the increased rent. On the first of November she paid the increased rent and the agent inquired about the lease, and she testifies she said, “ I told you distinctly I will never sign a lease here. In the first place my eyes are in a bad condition, and my aunt is getting weak, and I don’t know what time I will have to give the place up,” and “ after that I said I wouldn’t sign and under no considerations would I stay. He told me at the time it didn’t satisfy him. Then I said to him, when I move I will always give you notice.” She further testified that she paid the $45 each month, and “ nothing was referred to again. I thought my terms had suited him, because if they didn’t it was his place to tell me then and there to get out.” She continued in possession until June thirtieth. In the early part of June she notified the landlord that she intended to move on June thirtieth, to which the landlord replied: “Do you wish me'to try arid rent the apartment for you? Tour lease does not expire until October 1st, 1911, and this time of the year is very poor for renting. If you desired moving before October first, I would be satisfied if you moved September the first but at present time it would
The judgment will be reversed and a new trial ordered, ‘with costs to appellant to abide the event.
Seabury ‘and Lehman, JJ., concur.
Judgment reversed and new trial ordered.