Opinion
July 11, 1961
Motion by the landlord-appellant to amend the decision of the court, rendered June 14, 1961, by deleting the statement that "the service of the notice of cancellation of the tenancy from month to month was in derogation of section 232-a Real Prop. of the Real Property Law." Cross motion by the tenant and undertenant respondents to amend said decision by deleting the statement to the effect that service of notice of cancellation of the lease on the tenant Weinberg was also service of the notice upon the assignee-undertenant corporation. Motions denied without prejudice to any subsequent action or proceeding between the parties, in which they may make such contentions or claims as they may be advised with regard to the efficacy of the notice. Nolan, P.J., Beldock, Ughetta, Pette and Brennan, JJ., concur.