Appellate Terms of the Supreme Court of New York, 1960

Freibler Realty Corp. v. Velasco

Appellate Terms of the Supreme Court of New York · Decided June 9, 1960

28 Misc. 2d 510; 219 N.Y.S.2d 640; 1960 N.Y. Misc. LEXIS 2849

Counsel

Harold J. Blackman for appellant. I. William Garfield and Milton Gelman for respondent.

Opinion of the Court

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—Hofstadteb, J. P., Hecht and Aurelio, JJ.

Final order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.