MATTER OF JAROSLOW v. LEHIGH VALLEY R. R. CO.


23 N.Y.2d 991 (1969)

In the Matter of Fred Jaroslow et al., Appellants, v. Lehigh Valley Railroad Company, Respondent, et al.

Court of Appeals of the State of New York.

Decided February 20, 1969.


Attorney(s) appearing for the Case

Stuart A. Summit for appellants.

Thomas V. McMahon and Edward F. Butler for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed. Section 232-c of the Real Property Law changes the common-law rule relating to creation of a holdover tenancy. It provides that the mere holding over by a tenant whose term is longer than one month does not allow the landlord to create a holdover tenancy without his acceptance of rent from the holding over tenant...

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