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ESPOSITO v. WETZEL

199 Misc. 156 (1951)

Nicholas Esposito, Landlord, Appellant, v. Harry Wetzel, Tenant, Respondent.

Supreme Court, Appellate Term, First Department.

January 4, 1951.

Attorney(s) appearing for the Case

Benjamin Barondess for appellant.

David S. Elgot for respondent.

HAMMER, HOFSTADTER and EDER, JJ., concur.

Per Curiam.

Failure to give a thirty-day notice in this summary proceeding for nonpayment of rent was not a jurisdictional defect.

"`If the landlord fails to give the notice five days before the end of the month, and the tenant holds over after the first of the next month, he becomes, by operation of law, a tenant for another month on the terms of the former hiring, the conventional relation still existing'" (Miller v. Lowe, 86 N.Y.S. 16,

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