Opinion
December 30, 1942.
Appeal from Municipal Court, Borough of Brooklyn.
Implicit in the decision of the Appellate Term is a holding that no question of public policy was involved in waiving section 230 Real Prop. of the Real Property Law (Cons. Laws, ch. 50), and that a tenant may waive the notice therein required to be given by a landlord. Order affirmed, with costs. (See Kirshenbaum v. General Outdoor Adv. Co., 258 N.Y. 489.) Lazansky, P.J., Adel and Close, JJ., concur; Carswell and Johnston, JJ., dissent and vote to reverse the order of the Appellate Term and the judgment of the Municipal Court, and to dismiss the complaint on the ground that the waiver of section 230, Real Property Law, is contrary to public policy. [ 178 Misc. 385.]