automatic renewal clauses typically had to be exercised every twenty-one years.
Footnote 8:Burns v. City of New
York, 213 NY 516, 520 (1915).
Footnote 9:McKinney's Real Property Law
§ 230 (L. 1936, ch. 702.). This section of that statute has now been moved to the General
Obligations Law.
Footnote 10:McKinney's General
Obligations Law § 5-905.
Footnote 11:J. H. Holding Co. v.
Wooten, 291 NY 427, 430 (1943). See also Boyd H. Wood Co. v. Horgan, 291 NY
422 (1943).
Footnote 12:Kuppers v. Tortora
Agency, Inc. 63 Misc 2d 656, 658(N.Y.C. Civ.Ct., 1970).
Footnote 13:Malone Associates v.
Grand Union Co,. 249 AD2d 830(3rd Dept., 1998)
Footnote 14:DeSantis v. Kessler,
83 AD2d 766, 767(4th Dept.,1981).
Footnote 15:In addition, the Real
Property Law specifically exempts a month to month tenant who has "a tenancy for a definite
term" from providing a month's termination notice. Real Property Law § 232-b.
Footnote 16:Real Property Law §
232-c.
Footnote 17:In evaluating the credibility
of any witness in this and all cases, this court paid and always pays particular attention to the
demeanor and non-verbal communication of anyone under oath because of the recognized
limited scope of any appellate review. As noted by the First Department:
On a bench trial, the decision of the fact-finding court should not be disturbed upon
appeal unless it is obvious that the court's conclusions could not be reached under any fair
interpretation of the evidence, especially when the findings of fact rest in large measure on
considerations relating to the credibility of witnesses. This standard applies with greater force to
judgments rendered in the Small Claims Part, which is commanded to do substantial justice