c1cb2805-fa0d-4175-a6a6-2ee17cf02d2c.doc 447 Garner (∏) v. Gerrish (∆), Court of Appeals of NY, 1984 does a lease which grants the T the right to terminate the agreement at a date of his choice create a determinable life tenancy or does it create a TaW? Issue Reasoning Old rule does not preserve the intent of the parties and violates the terms of the agreement. The kind of agreement in this case, giving the T the right to terminate, is typical of Life tenancy terminable at the will of the tenant. The lease expressly and unambiguously grants to T the right to terminate and does not reserve to the L a similar right. Rule Old Rule: If T can terminate, then L must also be able to . Facts Gerrish leased a house from Donovan in 1977. The lease agreement stated that Gerrish has the privilege to terminate the agreement at any time he wanted. 4 yrs later Donovan died and Garner, the executor, sent Gerrish notice to quit the premises. Gerrish refused. Garner is trying to evict him. Dissent Held Procedure P argues D argues Reversed. Trial court granted summary judgment to Garner: lease is indefinite and uncertain – a month-to-month term was created and Garner was entitled to terminate at the end of the end of the next term. The lease does not have a definite term. Therefore, it is a TaW. the lease give Gerrish a tenancy for life determinable.
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