Tripodi v. Rudershausen — 186 Misc. 363

Majority

p. 363

Rose Tripodi, Landlord, Appellant, v. Charles T. Rudershausen, Tenant, Respondent.

Supreme Court, Appellate Term, First Department,

January 18, 1946.

p. 365

Edward H. Kahn for appellant.

Theodore J. Breitwieser for respondent.

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)

p. 366

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.