Concourse Nursing Home v. Axiom Funding Group, Inc.
| Decision Date | 04 January 2001 |
| Citation | 719 N.Y.S.2d 19,279 A.D.2d 271 |
| Court | New York Supreme Court — Appellate Division |
| Parties | CONCOURSE NURSING HOME et al., Appellants,<BR>v.<BR>AXIOM FUNDING GROUP, INC., Respondent. |
Plaintiff, having continued its beneficial utilization of the equipment rented from defendant beyond the term of the governing leases, was not entitled, pursuant to General Obligations Law § 5-901, to recover rent paid by it for the equipment during the periods of use subsequent to the termination of each lease. While, in view of defendant's failure to comply with General Obligations Law § 5-901, the subject leases were never effectively renewed for a definite term and may be canceled by plaintiff at any time, the cited statute does not operate to entitle plaintiff to continue knowingly and willingly to accept the benefit of the leased equipment without compensating defendant lessor.
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Concourse Nursing Home v. Axiom Funding Group
...719 N.Y.S.2d 19 (A.D.1 Dept. 2001) ... Concourse Nursing Home, et al., Plaintiffs-Appellants, ... Axiom Funding Group, Inc., Defendant-Respondent ... SUPREME COURT OF THE STATE OF NEW YORK ... APPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT ... January 4, 2001 ... Marvin Neiman, for Plaintiffs-Appellants ... William J. Leberman, for Defendant-Respondent ... Rosenberger, ... ...