Opinion · Nylaw New York

SPENCER SECRETARIAL SCH. v. ASS'N, BAR, CITY, N.Y., 286 App. Div. 998 (1955)

SPENCER SECRETARIAL Sch., INC., Appellant, v. Ass’n OF THE BAR OFTHE CITY OF N.Y., Respondent., 286 A.D. 998 (Appellate Division of the Supreme Court of New York, First Department. 1955)

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1955-10-11
Topic
general

SPENCER SECRETARIAL SCH. v. ASS'N, BAR, CITY, N.Y., 286 App. Div. 998 (1955) SPENCER SECRETARIAL SCHOOL, INC., Appellant, v. ASSOCIATION OF THE BAR OFTHE CITY OF NEW YORK, Respondent.Appellate Division of the Supreme Court of New York, First Department. October 11, 1955.

Citator

UpLaw has not yet analyzed SPENCER SECRETARIAL SCH. v. ASS'N, BAR, CITY, N.Y., 286 App. Div. 998 (1955). The absence of a flag is not a finding that it is good law.

SPENCER SECRETARIAL SCH. v. ASS'N, BAR, CITY, N.Y.,286 App. Div. 998(1955)
SPENCER SECRETARIAL SCHOOL, INC., Appellant, v. ASSOCIATION OF THE BAR OF
THE CITY OF NEW YORK, Respondent.
Appellate Division of the Supreme Court of New York, First Department.
October 11, 1955.
Judgment and order unanimously modified on the facts and the law to the extent that the motion for summary judgment on the second counterclaim is denied and the counterclaim is dismissed and, as so modified, affirmed, without costs to either party. The appellant was not in possession either as a statutory tenant or under an expired lease but pursuant to an agreement settling the summary proceeding. It follows that the statutory provision requiring the giving of thirty days' written notice of intention to vacate is not applicable. Implicit in the agreement of September 22, 1952, was the requirement that the appellant should continue to pay the rental on the first day of each month. The failure to do so on December 1, 1952, and the removal of the appellant from the premises during that month entitle the respondent to judgment on its first counterclaim. Settle order on notice.

Concur — Cohn, J.P., Bastow, Botein, Rabin and Cox, JJ.