Smith v. Alger

The tenant-respondent, by his attorney, has specially appeared and moved dismissal of the summary proceeding on the ground that this court has no jurisdiction to entertain the same because the landlord-petitioner did not give sufficient notice for the tenant to remove before the institution of such proceeding, pursuant to the State Bent and Eviction Begulations.

*516Thus, the issue to be decided is whether or not notice of not less than one month is to be given to a weekly tenant whose removal is sought for an alleged violation of paragraph (a) of subdivision 1 of section 5 of the State…