Lexplug logoLexplug

Garner v. Gerrish

Appellate Division of the Supreme Court of the State of New York
99 A.D.2d 608 (1984)
ELI5:

Rule of Law:

A lease that grants the tenant the sole right to terminate at a date of his choice is construed as a tenancy at will, terminable by either the lessor or the lessee. Such a tenancy is terminable upon the death of the lessor, creating a month-to-month tenancy.


Facts:

  • A lessor drafted a residential lease for a one-family ranch house without the assistance of a lawyer.
  • The lessee, Lou Gerrish, was the lessor's friend and companion.
  • The lease, commencing May 1, 1977, stipulated a monthly rent of $100 but did not state a duration or end date for the term.
  • The lease contained a specific clause stating, 'Lou Gerrish has the privilege of termination [sic] this agreement at a date of his own choice'.
  • The original lessor who drafted the lease subsequently died.

Procedural Posture:

  • Plaintiff, the successor to the deceased lessor, filed a motion for summary judgment in the County Court of St. Lawrence County.
  • The County Court granted the plaintiff's motion, issuing an order directing defendant Lou Gerrish to surrender possession of the premises.
  • Defendant Gerrish, as the appellant, appealed the County Court's order to this court, the Appellate Division.

Locked

Premium Content

Subscribe to Lexplug to view the complete brief

You're viewing a preview with Rule of Law, Facts, and Procedural Posture

Issue:

Does a residential lease that grants the tenant the exclusive privilege of terminating the agreement at a date of his own choice create a month-to-month tenancy that is terminable upon the death of the lessor?


Opinions:

Majority - Kane, J. P., Main, Casey, Mikoll and Yesawich, Jr., JJ.

Yes, a lease granting the tenant the sole right to terminate creates a month-to-month tenancy terminable by the lessor's death. The court reasoned that established precedent dictates that a lease for 'so long as the lessee shall please' is considered a lease at the will of both the lessor and the lessee. Citing Western Transp. Co. v Lansing, the court found that the unilateral termination right granted to Gerrish created a tenancy at will by operation of law. Following this, the court cited Lepsch v Lepsch to conclude that such a tenancy was terminable upon the death of the lessor, thereby upholding the lower court's finding of a month-to-month tenancy.



Analysis:

This decision affirms a traditional common law rule that prioritizes legal formalism over the expressed intent of the contracting parties. By converting a unilateral termination right into a bilateral one, the court nullifies the specific benefit the lessor intended to grant his friend. This outcome reinforces the legal principle that certain lease structures, if not drafted to conform to established property law categories, will default to a standard tenancy at will. The case serves as a strong cautionary example of the risks involved in drafting legal documents without professional counsel, as the court's interpretation fundamentally altered the apparent bargain.

G

Gunnerbot

AI-powered case assistant

Loaded: Garner v. Gerrish (1984)

Try: "What was the holding?" or "Explain the dissent"