182 Misc. 412 | Syracuse City Court | 1943
This ,is a summary proceeding brought to evict tenant upon ground of creating a nuisance. Two questions are presented, first the existence of a nuisance, and second the proper service of a notice of termination of tenancy.
As to the first question it must be resolved as a question of fact in favor of the landlords.
The second question is one which involves the construction of section 232-b of the Beal Property Law. From the evidence presented the tenancy was one from month to month. Therefore the provisions of section 228 of the Beal Property Law do not apply. Section 232-a of the same law applies to New
The distinction noted by Judge Senn is Hand v. Knaul (116 Misc. 714), insofar as notice is concerned, has been obliterated by section 232-b of the Real Property Law.
The proof in the case at bar shows that the tenant rented apartment No. 311 of Schopfer Courts in the city of Syracuse, N. Y., on the 6th day of May, 1943, at an agreed monthly rental payable in advance. On the 27th day of September, 1943, a notice in writing terminating the tenancy on November 6, 1943, signed by the manager of the apartments, was inclosed in an envelope addressed to the tenant and slid under the
An order may enter directing the issuance of a warrant of eviction, with costs.