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§ 231. Lease, when void; liability of landlord where premises are occupied for unlawful purpose. 1. Whenever the lessee or occupant other than the owner of any building or premises, shall use or occupy the same, or any part thereof, for any illegal trade, manufacture or other business, the lease or agreement for the letting or occupancy of such building or premises shall thereupon become void, and the landlord of such lessee or occupant may enter upon the premises so let or occupied.

2. The owner of real property, knowingly leasing or giving possession of the same to be used or occupied, wholly or partly, for any unlawful trade, manufacture or business, or knowingly permitting the same to be so used, is liable severally, and also jointly with one or more of the tenants or occupants thereof, for any damage resulting from such unlawful use, occupancy, trade, manufacture or business.

Formerly section 201, Real Property Law of 1896, chapter XLVI, General Laws:

8 201. Liability of landlord where premises are occupied for unlawful purposes. The owner of real property, knowingly leasing or giving possession of the same to be used or occupied, wholly or partly, for any unlawful trade, manufacture or business, or knowingly permitting the same to be so used, is liable severally, and also jointly with one or more of the tenants or occupants thereof, for any damage resulting from such unlawful use, occupancy, trade, manufacture or business.

NOTE. This section, 201, purports to be taken from section 2, chapter 583, Laws of 1873,39 which is as follows:

§ 2. The owner or owners of any building or premises knowingly leasing or giving possession of the same, to be used or occupied, in whole or in part, for any illegal trade, manufacture or business, or knowingly permitting the same to be used for any illegal trade, manufacture or business, shall be jointly and severally liable with the tenant or tenants, occupant or occupants, for any damage that may result by reason of such illegal use, occupancy, trade, manufacture or business.40

Comment. This section merely restates a general principle of the common law to the effect, that injuria et damnum com

39 Note of Commissioners of Statutory Revision to this section of the Real Prop. Law. Appendix II, infra.

40 Cf. chap. 646, Laws of 1873, as to sales of liquor, "an act to suppress intemperance, pauperism and crime."

bined give a right of action for damages. Upon general principles a contract which provides for anything contrary to law is void,42 and a lease of premises to be used for immoral purposes is also void.43

If the lessor of premises knows and intends that they shall, or may be, used for unlawful purposes, the lease is void.44 This act, however, seems to enlarge the common-law liability of owners of real estate, and to give a right of action to third persons in exceptional cases of damage incurred.

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§ 232. Duration of certain agreements in New York. An agreement for the occupation of real property in the city of New York, which shall not particularly specify the duration of the occupation, shall be deemed to continue until the first day of May next after the possession commences under the agreement; and rent thereunder is payable at the usual quarter days, for the payment of rent in that city, unless otherwise expressed in the agreement.

Formerly section 202, Real Property Law of 1896, chapter XLVI, General Laws:

§ 202. Duration of certain agreements in New York.-An agreement, for the occupation of real property in the city of New York, which shall not particularly specify the duration of the occupation, shall be deemed to continue until the first day of May, next after the possession commences under the agreement; and rent thereunder is payable at the usual quarter days, for the payment of rent in that city, unless otherwise expressed in the agreement.45

Section 202 was formerly I Revised Statutes, 744, section 1:

§ 1. Agreements for the occupation of lands or tenements, in the city of New York, which shall not particularly specify the duration of such occupation, shall be deemed valid until the first day of May next after the possession under such agreement shall commence, and the rent under such agreement shall be payable at the usual quarter days for the payment of rent in the said city, unless otherwise expressed in the agreement.46

Origin and Construction of Section 202, Supra. The substance of this section was first enacted in 1820.47 This section has no reference to monthly tenancies.48 It controls only those agreements for the occupation of real property in the city of New York which are silent or incomplete, in the particulars denoted in the statute.49 Under this statute the tenancy, where no term is specified, ends

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Trevor, 2 Sweeny, 67; Coit v. Planer, 7 Robt. 413; s. c., 4 Abb. Pr. (N. S.) 144; Maquart v. La Farge, 5 Duer, 559; Clarke v. Richardson, 4 E. D. Smith, 173, 176; Taggart v. Roosevelt, 2 id. 100, 105; s. c., 8 How. Pr. 141; Galewsky v. Applebaum, 32 Misc. Rep. 203; Bernstein v. Lightstone, 36 id. 193; cf. Wilson v. Taylor, 8 Daly, 253; Schloss v. Huber, 21 Misc. Rep. 28.

at midday of the first of May succeeding entry, and no notice to quit is necessary.50 The rent is payable quarterly where no time. of payment is agreed on,51 unless a contrary custom is established in regard to the particular tenancy.52

This Section Does not Apply to a Holding Over by Tenant for Years. This section can have little reference to a holding over by tenant for years in the city of New York as such a holding over is always for a year, and on the terms of the original demise, if the holding over is permitted by the landlord.53

Elsewhere than in the city of New York, if the lease is for less than a year, the holding over is for an equal period.54

Omitted Sections of this Article. The reader will observe that at present there are no sections of the Real Property Law numbered from 233 to 239.

50 Nowlan v. Trevor, 2 Sweeny, 67; Frost v. Akron Iron Co., 1 App. Div. 447.

51 See the cases cited, supra.

52 Wilson v. Taylor, 8 Daly, 253. 53 Haynes v. Aldrich, 133 N. Y. 287; Herter v. Mullen, 9 App. Div. 593; Conway v. Starkweather, I Den. 113; Frost v. Akron Iron Co., 1 App. Div. 449; Farrell v. Manhat

tan Railway Co., 43 id. 143; Sullivan v. Ringler & Co., 59 id. 184; Kennedy v. City of New York, 127 id. 89; cf. §§ 229, 230, 232, Real Prop. Law.

54 Ketcham v. Ochs, 34 Misc. Rep. 470, 472; cf. Herter v. Mullen, 52 App. Div. 325, 159 N. Y. 28; Eswein v. Hodgkinson, 124 App. Div. 6.

ARTICLE 8.

Conveyances and Mortgages.

SECTION 240. Definitions and use of terms.

241. Ancient conveyances abolished.

242. When written conveyance necessary.
243. Grant of fee or freehold.

244. When grant takes effect.

245. Estate which passes by grant or devise.

246. Certain deeds declared grants.

247. Conveyance by tenant for life or years of greater estate than

possessed.

248. Effect of conveyance where property is leased.

249. Covenants in mortgages.

250. Mortgages on real property inherited or devised.

251. Covenants not implied.

252. Lineal and collateral warranties abolished.

253. Construction of covenants in grants of freehold interests.

254. Construction of covenants in mortgages and bonds.

255. Construction of grant of appurtenances and of all the rights
and estate of grantor.

256. Construction of grant in executor's or trustee's deed of
appurtenances, and of the estate of testator and grantor.
257. Covenants bind representatives of grantor and mortgagor and
inure to the benefit of whom.

258. Short forms of deeds and mortgages.

259. When contract to lease or sell void.

260. Effect of grant or mortgage of real property adversely

possessed.

261. Maintenance of telegraph or other electric wires raises no

presumption of grant.

262. Conveyances with intent to defraud purchasers and incumbrancers void.

263. Conveyances with intent to defraud creditors void.

264. Conveyances void as to creditors, purchasers and incumbrancers, void as to heirs and assigns.

265. Fraudulent intent, question of fact.

266. Rights of purchaser of incumbrancer for valuable consideration protected.

267. Conveyances with power to revoke, determine or alter.

268. Disaffirmance of fraudulent act by executor and others.

269. When remainderman may pay interest owed by life tenant.

270. Powers of courts of equity not abridged.

271. Construction of covenants in mortgages on leases of real property and bonds.

272. Construction of grant of appurtenances, and all of the rights

and estate of the mortgagor.

273. What form of mortgage on lease of real property.

274. Transfers and mortgages of interests in decedents' estates.

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