Opinion
January 30, 1947.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, KELEHER, J.
Walter R. Kuhn and Ralph L. Knisley for appellant.
Kenneth H. Guild for respondent.
The tenant being a monthly tenant for a calendar month, the statutory notice prescribed by section 232-a Real Prop. of the Real Property Law should have been served at least thirty days prior to the last day of the month.
The final order should be reversed and petition dismissed, with $30 costs, without prejudice to a new proceeding on proper notice.
HAMMER, SHIENTAG and HECHT, JJ., concur.
Order reversed, etc.