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AVELINO v. FASANO

15 Misc.2d 635 (1958)

Domenico Avelino et al., Appellants, v. Nick Fasano, Respondent.

Supreme Court, Appellate Term, First Department.

November 20, 1958.

Attorney(s) appearing for the Case

Thomas Cartelli for appellants.

Frank J. Cafaro for respondent.

AURELIO and TILZER, JJ., concur in Per Curiam opinion; HOFSTADTER, J., dissents in opinion.

Per Curiam.

The acceptance of the old rent for May, 1957 was with the implied understanding that commencing with June 1, 1957 it would be $150 per month, pursuant to the 30 days' notice concededly served upon the tenant on April 12, 1957. Notwithstanding the 30 days' notice, tenant chose to remain in possession after June 1, 1957, and by doing so, became liable for the full month's rent for June in the sum of $150, since the dwelling was decontrolled. The court...

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