Tripodi v. Rudershausen

186 Misc. 363, 60 N.Y.S.2d 77, 1946 N.Y. Misc. LEXIS 1825

• Court: Appellate Terms of the Supreme Court of New York
• Decided: January 18, 1946
• Status: Published

Opinion

Memorandum Per Curiam.

The record shows that petitioner in good faith sought possession of the property for the use of herself and family.

A certificate having been issued herein the landlord was not required to give the notice prescribed by paragraph (1) of subdivision (d) of section 6 of the Bent Begulation for Housing in the New York City Defense-Bental Area (8 Fed. Beg. 13918).

The evidence does not warrant a finding that the tenant held, over the expiration of the term for an additional year; but the subsequent payment of the monthly rent shows a monthly tenancy, and under the local law (Beal Property Law, § 232-a) appellant was required to give thirty days’ notice to terminate the tenancy.

The final order should he modified by dismissing the proceeding without prejudice to a new proceeding upon giving the appropriate notice, and as modified affirmed, without costs.

Hammer, Shiehtag and Hecht, JJ., concur.

Order modified, etc.