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DAVID R. GARNER, as Executor of ROBERT J. DONOVAN, Deceased, Respondent, v. LOUIS GERRISH, Appellant.

At issue is the construction of a residential lease. The lease, prepared by plaintiff's deceased lessor without the aid of counsel, provides for the rental of a one-family ranch house to defendant, the lessor's friend and companion, at a monthly rental of $100. Although the lease declares it is to commence May 1, 1977, the duration of the term is unstated. It does state, however, that "Lou Gerrish has the privilege of termination [ sic] this agreement at a date of his own choice". Defendant maintains this language bestows upon him a lease for life or until he elects to surrender the premises and that Special Term erred in concluding that a month-to-month tenancy had been created. Since a lease for so long as the lessee shall please is said to be a lease at the will of both the lessor and the lessee ( Western Transp. Co. v Lansing, 49 N.Y. 499, 508), a month-to-month tenancy was indeed created and that tenancy was terminable upon the death of the lessor ( Lepsch v Lepsch, 275 App. Div. 412, 414). Order affirmed, with costs. Kane, J.P., Main, Casey, Mikoll and Yesawich, Jr., JJ., concur.

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GARNER v. GERRISH
(Jan 19, 1984)