Freibler Realty Corp. v. Velasco

Full title: FREIBLER REALTY CORP., Respondent, v. RUDOLPH VELASCO, Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Jun 9, 1960

28 Misc. 2d 510 (N.Y. App. Term 1960)

219 N.Y.S.2d 640

Opinion

June 9, 1960

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, BENJAMIN SHALLECK, J.

Harold J. Blackman for appellant.

I. William Garfield and Milton Gelman for respondent.

Per Curiam.

The fact that the rent was payable weekly did not create a weekly tenancy. The petition here not only alleged that the tenant was a statutory tenant but upon the termination of the original letting, which was for a two-year term, he became a statutory tenant and thus entitled to 10 days' notice under section 53 of the State Rent and Eviction Regulations.

The final order should be reversed, with $30 costs and petition dismissed, without prejudice.

Concur — HOFSTADTER, J.P., HECHT and AURELIO, JJ.

Final order reversed, etc.