Hecht Co. v. Kuerner

It appears on the face of the affidavit of the landlord’s attorney in opposition to the motion to vacate the final order entered on consent that the attorney “ caused to be served on the tenant ” a notice to vacate the premises “ within 30 days from the date of the receipt of the notice ” which notice, affiant states, was received by the tenant on or before March 11,1946; and it is undisputed that the notice was served by mail.

The tenant held over as a statutory tenant, paying the rent monthly in advance for February and March, 1946, and the summary proceeding was begun April 2,1946.

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