Opinion
January 25, 1961
Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, IRVING P. KARTELL, J.
Irving Lew for appellant.
Morris Allen, respondent in person.
The housing accommodations here involved are not subject to the emergency rent control laws. By remaining in possession after the expiration of his lease, tenant is deemed to have assented to the increased rental fixed by landlord in the notice sent before the lease expired. ( Kaufman v. Bartels, 182 Misc. 128, motion for leave to appeal denied 268 App. Div. 864; Fordham Hill Associates v. Fiebach, 21 Misc.2d 277.) There is no requirement that such notice be annexed to the petition or that it be served in the same manner as a precept in a summary proceeding. ( V.G.C. Realty Corp. v. Rosa, 193 N.Y.S.2d 678.)
The final order and judgment should be unanimously modified by increasing landlord's recovery to $183 with appropriate costs in the court below and as so modified affirmed, without costs on this appeal.
Concur — HART, DI GIOVANNA and BROWN, JJ.
Final order and judgment modified, etc.