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Concourse Nursing Home v. Axiom Funding Group, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 4, 2001
279 A.D.2d 271 (N.Y. App. Div. 2001)

Opinion

January 4, 2001.

Order, Supreme Court, New York County (Beverly Cohen, J.), entered October 22, 1999, which, to the extent appealed from, in this action to recover rent allegedly overpaid for equipment leased by defendant to plaintiff pursuant to two lease agreements, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Marvin Neiman, for plaintiffs-appellants.

William J. Leberman, for defendant-respondent.

Before: Rosenberger, J.P., Nardelli, Ellerin, Wallach, Rubin, JJ.


Plaintiff, having continued its beneficial utilization of the equipment rented from defendant beyond the term of the governing leases, was not entitled, pursuant to General Obligations Law § 5-901, to recover rent paid by it for the equipment during the periods of use subsequent to the termination of each lease. While, in view of defendant's failure to comply with General Obligations Law § 5-901, the subject leases were never effectively renewed for a definite term and may be canceled by plaintiff at any time, the cited statute does not operate to entitle plaintiff to continue knowingly and willingly to accept the benefit of the leased equipment without compensating defendant lessor.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Concourse Nursing Home v. Axiom Funding Group, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 4, 2001
279 A.D.2d 271 (N.Y. App. Div. 2001)
Case details for

Concourse Nursing Home v. Axiom Funding Group, Inc.

Case Details

Full title:CONCOURSE NURSING HOME, ET AL., PLAINTIFFS-APPELLANTS, v. AXIOM FUNDING…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 4, 2001

Citations

279 A.D.2d 271 (N.Y. App. Div. 2001)
719 N.Y.S.2d 19

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