Boyar v. Wallenberg

2 Citing cases

  1. Carlo v. Koch-Matthews

    53 Misc. 3d 466 (N.Y. City Ct. 2016)   Cited 3 times

    The Carlos diligently obtained a new tenant at a rent of $650 per month on June 1, 2016. Consequently, under well-established common law principles, the Matthews owe the Carlos one month's rent (Boyar v. Wallenberg, 132 Misc. 116, 119, 228 N.Y.S. 358 [Buffalo City Ct.1928] ). ORDERED that the Defendants Betty Koch–Matthews and Diana Matthews pay the Plaintiffs Tim and Kim Koch $650.00, and it is further,

  2. Ertischek v. Blanco

    173 Misc. 153 (N.Y. Mun. Ct. 1940)   Cited 3 times

    Some courts have held this to apply to monthly tenancies and tenancies from month to month and they have spelled out a reciprocal requirement on the part of the tenant to give thirty days' notice to the landlord of his intention to quit the premises. ( Boyar v. Wallenberg, 132 Misc. 116, and other cases therein cited.) Whatever be the correctness of this interpretation and its application to sections of the State other than the city of New York, I am of the opinion that this does not apply to monthly tenancies and tenancies from month to month in the city of New York, which are the subject of special regulation under section 232-a Real Prop. of the Real Property Law.