| Fajardo v Eisner |
| 2006 NY Slip Op 50585(U) [11 Misc 3d 139(A)] |
| Decided on April 6, 2006 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the City Court of Yonkers, Westchester County (Arthur J. Doran III, J.), entered March 11, 2005. The judgment, after a nonjury trial, dismissed the action.
Judgment affirmed without costs.
Pursuant to Real Property Law § 232-b, a tenant is required to give one month's notice in order to terminate a month-to-month tenancy. Since plaintiff did not give defendant a month's notice before he vacated in August 2004, the City Court did not
err in finding that plaintiff was liable for the September 2004 rent. Consequently, in dismissing plaintiff's small claims action for the return of his security deposit (see Hartzell v Burdick, 91 Misc 2d 758 [1977]), substantial justice was rendered between the parties according to the rules and principles of substantive law (UCCA 1804, 1807).
Rudolph, P.J., Tanenbaum and Lippman, JJ., concur.
Decision Date: April 6, 2006