Opinion
January 18, 1946.
Appeal from the Municipal Court of the City of New York, Borough of The Bronx, DELAGI, J.
Edward H. Kahn for appellant.
Theodore J. Breitwieser for respondent.
MEMORANDUM
The record shows that petitioner in good faith sought possession of the property for the use of herself and family.
A certificate having been issued herein the landlord was not required to give the notice prescribed by paragraph (1) of subdivision (d) of section 6 of the Rent Regulation for Housing in the New York City Defense-Rental Area ( 8 Fed. Reg. 13918).
The evidence does not warrant a finding that the tenant held over the expiration of the term for an additional year; but the subsequent payment of the monthly rent shows a monthly tenancy, and under the local law (Real Property Law, § 232-a) appellant was required to give thirty days' notice to terminate the tenancy.
The final order should be modified by dismissing the proceeding without prejudice to a new proceeding upon giving the appropriate notice, and as modified affirmed, without costs.
HAMMER, SHIENTAG and HECHT, JJ., concur.
Order modified, etc.