Legal Opinion
Charlotte Realty Co. v. Lubarsky
Appellate Terms of the Supreme Court of New York
Decided September 11, 1986Published
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Final judgment affirmed, without costs.
*786We agree with landlord’s contention that a tenant who remains in possession by virtue of the compulsion of the rent laws is a statutory tenant rather than a month-to-month tenant and the notice required by Real Property Law § 232-a would not be required to terminate such a tenancy (Whitmarsh v Farnell, 298 NY 336; Park Summit Realty Corp. v Frank, 107 Misc 2d 318, affd 84 AD2d 700, affd 56 NY2d 1025; Lewittes & Sons v Spielmann, 190 Misc 35). However, housing accommodations not occupied by the tenant as his primary…
2Cases cited6 opinions
- Whitmarsh v. FarnellNew York Court of Appeals · 1949
- Park Summit Realty Corp. v. FrankAppellate Terms of the Supreme Court of New York · 1980
- Park Summit Realty Corp. v. FrankNew York Court of Appeals · 1982
- Lewittes & Sons v. SpielmannAppellate Terms of the Supreme Court of New York · 1947
- G. Warhit Real Estate, Inc. v. KraussAppellate Terms of the Supreme Court of New York · 1985
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