Freibler Realty Corp. v. Velasco

Appellate Terms of the Supreme Court of New York

Freibler Realty Corp. v. Velasco

28 Misc. 2d 510, 219 N.Y.S.2d 640, 1960 N.Y. Misc. LEXIS 2849

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 9, 1960

StatusPublished

This text of 28 Misc. 2d 510 (Freibler Realty Corp. v. Velasco) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Freibler Realty Corp. v. Velasco, 28 Misc. 2d 510, 219 N.Y.S.2d 640, 1960 N.Y. Misc. LEXIS 2849 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

The fact that the rent was payable weekly did not create a weekly tenancy. The petition here not only alleged that the tenant was a statutory tenant but upon the termination of the original letting, which was for a two-year term, he became a statutory tenant and thus entitled to 10 days’ notice under section 53 of the State Rent and Eviction Regulations.

The final order should be reversed, with $30 costs and petition dismissed, without prejudice.

Concur—Hofstadteb, J. P., Hecht and Aurelio, JJ.

Final order reversed, etc.

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Per Curiam.

The fact that the rent was payable weekly did not create a weekly tenancy. The petition here not only alleged that the tenant was a statutory tenant but upon the termination of the original letting, which was for a two-year term, he became a statutory tenant and thus entitled to 10 days’ notice under section 53 of the State Rent and Eviction Regulations.

The final order should be reversed, with $30 costs and petition dismissed, without prejudice.

Concur—Hofstadteb, J. P., Hecht and Aurelio, JJ.

Final order reversed, etc.

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Bluebook (online)

28 Misc. 2d 510, 219 N.Y.S.2d 640, 1960 N.Y. Misc. LEXIS 2849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freibler-realty-corp-v-velasco-nyappterm-1960.