Legal Opinion
Hunt v. Hart
City of New York Municipal Court
Decided March 3, 1947PublishedCited by 4 opinions
1Opinion of the CourtFaulkner, J.
The tenancy in this proceeding is one from month to month or a tenancy for an indefinite period. The term began on the first day of the month and ended on the last day thereof. The notice required by section 232-b of the Beal Prbperty Law served by the landlord on December 16, 1946, specified that the tenant was required to vacate the premises on or before February 15,1947, which was not the anniversary date of the term.
The law seems to be well settled that the surrender of possession date must coincide with the expiration of the term or rental period. (86 A. L. R. 1349; People ex rel.…
2Cases cited2 opinions
- People Ex Rel. Botsford v. . DarlingNew York Court of Appeals · 1872
- Witherbee, Sherman & Co. v. WykesAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by4 opinions
- Acierno v. KutchukCity of New York Municipal Court · 1949
- Ferro v. LawrenceAppellate Terms of the Supreme Court of New York · 2002
- Sills v. DellavalleAppellate Division of the Supreme Court of the State of New York · 2004
- Smith v. AlgerNew York Justice Court · 1952