Angell v. McInerney

This ,is a summary proceeding brought to evict tenant upon ground of creating a nuisance. Two questions are presented, first the existence of a nuisance, and second the proper service of a notice of termination of tenancy.

As to the first question it must be resolved as a question of fact in favor of the landlords.

The second question is one which involves the construction of section 232-b of the Beal Property Law. From the evidence presented the tenancy was one from month to month. Therefore the provisions of section 228 of the Beal Property Law do not apply. Section 232-a of the same law…