Shelton Building Corp. v. Baggett

Memorandum

It was error to dismiss the landlord’s petition for failure to serve a thirty days’ notice to terminate the tenancy. Such notice was not required under the terms of the lease which expired on May 31, 1945, or under the Bent Regulation for Housing. The tenant, by continuing in possession after that date, became a statutory tenant (Stern v. Equitable Trust Co., 238 N. Y. 267; Tomphins v. Kornfeld, 186 Misc. 464; Boyce Haulage Corp v. Bronx Terminal Garage, 185 Misc. 892). Under such a tenancy the terms and conditions of the lease are deemed to continue in effect except where they are…