Landlord Can't Evict Striking Employees

Facts: Country club employees lived on grounds as part of the terms of their employment. When employees went on strike, landlord country club sued to evict them. Landlord claimed that under Real Property Actions and Proceedings Law section 713(11), the ``time agreed upon'' for employees to live on the premises had expired. The trial court ruled for landlord, and tenant-employees appealed. Court: Tenants win. Tenants' occupancy agreements contained no agreement regarding time. Landlord claimed it was entitled to revoke the occupancy agreements, but landlord's notices to tenants were unsigned and not sufficient to end tenants' rights to possession. Also, the termination notices were issued before tenants went on strike; they were made contingent on whether tenants did in fact do so. This was improper; termination notices must be definite.

Westchester Country Club v. Barragan: NYLJ, p. 37, col. 2 (10/18/93) (App. T. 2 Dept.; Stark, JP, Collins, Luciano, JJ)