Logourl black
From our private database of 14,200+ case briefs...

Garner v. Gerrish

Court of Appeals of New York
473 N.E.2d 223 (1984)


Facts

In 1977, Donovan leased a house to Gerrish (defendant). Donovan used preprinted legal forms to draw up the lease, filling in the appropriate terms, and Gerrish signed it. The document included no definite termination date for the lease, but instead provided that “Lou Gerrish has the privilege of termination [sic] this agreement at a date of his own choice.” In 1981, Donovan died. Garner (plaintiff), Donovan’s executor, filed suit seeking to evict Gerrish from the property. The trial court held that a lease which permitted the lessee to terminate at any time created at will termination rights for both the lessor and the lessee, and thus the eviction was lawful. The Appellate Division affirmed, and Gerrish appealed to the Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Wachtler, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 251,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.