United Merchants’ Realty and Improvement Company, Appellant and Respondent v. Max J. Roth, Respondent and Appellant

Summary

The New York Court of Appeals reversed the lower court and overruled the demurrer, allowing the plaintiff's rent claims to proceed on both the implied tenancy and implied contract theories. Justice VANN's majority held that a new lessee may treat a holdover tenant as a tenant for a new term under §193 of the Real Property Law, while a concurrence argued that the first series of counts should fail.