Garner v. Gerrish

63 N.Y.2d 575, 473 N.E.2d 223 (1984)

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Nature of the Case

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Facts

Donovan leased property to Gerrish (D) for $100 per month. The lease gave D the right to terminate at a date of his choice. D lived there for four years. Donovan died. Donovan’s administrator (P) gave D notice to leave the property. P claimed that the lease created a tenancy at will, as its time was indefinite. D claimed that the lease gave him a tenancy for life unless he chose to terminate it. D refused to leave, and P sued. The court granted P summary judgment on the ground that the lease was indefinite and uncertain and thus Donovan leased the premises to D for a month to month term and that P was entitled to terminate upon the death of the lessor effective upon expiration of the next succeeding monthly term of occupancy. A lease so long as the lessee shall please is said to be a lease at will of both the lessor and lessee. The Appellate Division affirmed, and D appealed.