Healy v. Hering

This is a motion to dismiss the petition herein on two grounds: First, that the tenant should have been served with a thirty-day notice of termination of tenancy instead of a ten-day notice; second, that there is no legal basis for eviction of the tenant on the grounds set forth in the petition.

It is the view of the court that a thirty-day notice should have been given to the tenant, for the Appellate Division, Second Department, has held in two cases (Ellenbogen v. Caldwell, 270 App. Div. 946; Matter of Hollis v. Gelbach, 270 App. Div. 1063) that the Federal Controlled Housing Rent…