SILVERSMITH & VERAJA

Decisions

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COMMERCIAL TENANT IS MONTH-TO-MONTH AND NOT FOR AN UNSPECIFIED DURATION.

Case: Matchmaker 44th Street LLC v DJS W 44th Cafe Inc. d/b/a Bull Moose Saloon

Citation: Civil Court, New York County, Index L&T 61378/12

Attorney: Robert Silversmith and Jason Garber

Tenant’s lease expired and continued month-to-month until terminated by a 30-day notice. The tenant argued that it was not month-to-month. Rather, that the tenancy was for an unspecified duration and under RPL 232, continued until the 1st day of October following. The Court found the lease end date was specific and continued thereafter month-to-month. As such, the tenancy was properly terminated by 30-days notice under RPL 232-c.