20 A.D.2d 658 | N.Y. App. Div. | 1964
In an action for a declaratory judgment, the defendant appeals from a judgment of the Supreme Court, Nassau County, entered June 26, 1963, after a nonjury trial, which: (1) adjudged that the plaintiff continued as a month to month holdover tenant after the written agreement between him and the defendant terminated on December 31, 1960; (2) adjudged that the plaintiff is entitled to at least 30 days’ notice of the defendant’s intention to terminate the tenancy; (3) adjudged that only the Board of Supervisors may, by ordinance, exercise the right to terminate the plaintiff’s month to month tenancy; and (4) restrained the defendant from taking any action to remove the plaintiff from the premises now occupied by him unless authorized by an ordinance of the Board of Supervisors and on 30 days’ notice to the plaintiff of the intention to terminate. Judgment reversed, on the law and the facts, without costs, and the complaint dismissed. The findings of fact contained in the opinion-decisions of the court insofar as they may be inconsistent 'herewith, are reversed; and new findings are