Legal Opinion

Haberman v. Wager

Civil Court of the City of New York

Decided April 2, 1973PublishedCited by 21 opinions

1Opinion of the CourtIrving Younger, J.

Section 232-a of the. Beal Property Law says that a landlord who wishes to terminate a month-to-month tenancy in New York City must serve a 30-day notice to quit. It is settled that anything less than 30 days is insufficient. (Clarke v. Shepard, 188 Misc. 588 [App. Term., 1st Dept., 1947].) This case raises, apparently for the first time, the question whether a notice good at the outset can ever he vitiated.

Bespondent is a month-to-month tenant. On November 28, 1972, petitioner served upon him a 30-day notice which complied in all respects with section 232-a. When respondent failed to vacate,…

2Cases cited2 opinions

  1. Gramford Realty Corp. v. ValentinCivil Court of the City of New York · 1972
  2. Clarke v. ShepardAppellate Terms of the Supreme Court of New York · 1947

3Cited by21 opinions

  1. Waterbury Twin, LLC v. Renal Treatment Centers-Northeast, Inc.Supreme Court of Connecticut · 2009
  2. Kaycee West 113th Street Corp. v. DiakoffAppellate Division of the Supreme Court of the State of New York · 1990
  3. Alleyne v. TownsleyAppellate Division of the Supreme Court of the State of New York · 1985
  4. Colavolpe v. WilliamsCivil Court of the City of New York · 1974
  5. Nicolaides v. State of New York Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1996

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