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3 East 54th Street New York, LLC v. Petry Media Corp.

(Civil Court, NY County, 1/30/09)

Commercial tenants who remained in possession of premises subsequent to the termination of lease by landlord, where the landlord accepted rent subsequent to the termination, is not, as it claims, "month to month" tenant pursuant the lease, entitled to a 30 day notice of termination pursuant to Real Property Law ยง 232-c before they can be removed from the premises. Rather, pursuant to the lease, the acceptance of rent by the petitioner before the termination date resulted in the lease remaining in effect. The tenant was not a month-to-month tenant and the notice in this proceeding was proper.  Link to Full Text of Decision

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