Opinion
November 5, 1959
Appeal from the Municipal Court of the City of New York, Borough of the Bronx, VINCENT N. TRIMARCO, J.
Hiram G. Shields and Harold W. Grubart for appellant.
No one appearing for respondents.
The tenants by remaining in possession of decontrolled premises after the expiration of their lease are in law deemed to hold over at the increased rental fixed by the landlord in the notice sent before the lease expired ( 4145 Corp. v. Brown, 19 Misc.2d 957; Avelino v. Fasano, 15 Misc.2d 635).
The final order should be reversed, with $10 costs, and final order directed for landlord, fixing the monthly rental at $160 and awarding judgment for $320, with interest and costs.
Concur — HOFSTADTER, J.P., AURELIO and TILZER, JJ.
Final order reversed, etc.