Margolies v. Lawrence

Once again, a point of practice which landlord-tenant lawyers seem to take for granted turns out, upon examination, to be obscure in origin and troublesome in application.

Petitioner here is the prime tenant of an apartment in New York City. Bespondent is his subtenant. The tenancy was month-to-month. Wishing to recover possession of the apartment, petitioner served upon respondent a one-month notice to quit, and, when respondent failed to vacate, commenced this holdover proceeding. The petition, on the usual printed form, recites that respondent‘ ‘ was served in the manner provided for by law…