Gerolemou v. Soliz

OPINION OF THE COURT

Memorandum.

*580Judgment unanimously reversed with $10 costs and complaint dismissed.

In this ejectment action, the complaint alleges, and the answer admits, that defendant entered into possession pursuant to an oral month-to-month tenancy. There was nothing in the papers submitted on plaintiffs motion for summary judgment which would indicate that the tenancy was other than month to month. In the absence of contravening proof, the law presumes that where there is a general letting with a monthly rent reserved, an indefinite month-to-month tenancy is created (.Hungerford v…