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F. W. Woolworth Co. v. Menschik

9 Misc. 2d 305 Court Supreme Court, Appellate Term, First Department, Decision date 1957-06-27 English

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p. 305
F. W. Woolworth Co., Appellant, v. Murray Menschik, Doing Business as Joell Mfg. Co., Respondent.
Supreme Court, Appellate Term, First Department,
June 27, 1957.
Edward Friedman for appellant.
Hyman J. Fliegel for respondent.

Defendant as a statutory tenant was required to serve upon the landlord a 30-day written notice by registered mail of his intention to vacate the space occupied by him. His failure to do so imposes upon him liability for the payment of an additional month’s rent (Business Rent Law, § 8, subd. [g]; L. 1945, ch. 314, as amd.).

The judgment should be modified by increasing the recovery to the sum of $180, with costs, and as modified affirmed, with $25 costs to appellant.

Hecht, Aubelio and Tilzeb, JJ., concur.

Judgment modified, etc.