Metro Spanish Food Wholesalers, Inc. v. Jetro Cash-And-Carry Enterprises, Inc

In Metro Spanish Food Wholesalers, Inc. v. Jetro Cash-And-Carry Enterprises, Inc. (137 Misc2d 54 [Civ Ct, Bronx County 1987]), the lease provided for expiration on February 15, but the "lease term was extended until March 3 ... and rent for the extension was paid by check"; on March 30, the landlord notified the tenant that it did not wish to extend the lease beyond March 31. (Id. at 56.) In response to the tenant's contention that a 30-day notice was required to terminate, the court found first that no month-to-month tenancy was created pursuant to Real Property Law 232-c for the period subsequent to March 31, because the landlord did not accept any rent from the tenant for that period. (Id. at 59.) With respect to the period after the February 15 expiration date, "while the landlord did accept rent after February 15 ... it was with the clear understanding that the extension was only for a period of time up to March 31 ... This acceptance of the rent with the understanding that the extension was only for another 45 days clearly prevented the creation of a month-to-month tenancy." (Id.)