Opinion
2003-1199 SC.
Decided September 20, 2004.
Appeal by tenant Orlin Hurrtt from so much of a final judgment of the District Court, Suffolk County (P. Barton, J.), entered March 31, 2003, as awarded landlord possession and a money judgment in the sum of $3,400 as against him.
Final judgment insofar as appealed from unanimously affirmed without costs.
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
At trial, landlord testified that tenant Orlin Hurrtt entered into possession in the middle of a month and that the rent was initially prorated. The tenancy was month-to-month with rent being due at the beginning of each month. In addition, Hurrtt testified that he always tried to pay the rent around the first of the month. In view of the foregoing, the court's finding that the month-to-month tenancy ran from the first of the month was supported by the credible evidence adduced upon the trial ( see Barnett v. Cannizzaro, 3 AD2d 745, 747). Thus, the notice of termination, ending the tenancy on the 31st of January, 2003 was proper. Finally, landlord established his right to the rent and arrears awarded by the court.