
    Thiot Realty Corporation, Appellant, v. Irving Rosen, Respondent.
    Supreme Court, Appellate Term. First Department,
    March 28, 1941.
    
      Bernard Trencher [Bertram Schleimer of counsel], for the appellant-
    
      Harry Eisner, for the respondent.
   Per Curiam.

Mere silence on the part of the landlord after receipt of a letter stating that tenant wished to remain as a monthly tenant was not sufficient to establish that a month-to-month tenancy agreement was created. Something more than mere silence is necessary. Defendant was a holdover tenant and as such is liable for the rent sued for.

. Judgment reversed, with thirty dollars costs, and judgment directed in favor of plaintiff as claimed in the summons.

All concur. Present — McCook, Hammer and McLaughlin, JJ.  