Freibler Realty Corp. v. Velasco , 219 N.Y.S.2d 640 ( 1960 )

Per Curiam.

The fact that the rent was payable weekly did not create a weekly tenancy. The petition here not only alleged that the tenant was a statutory tenant but upon the termination of the original letting, which was for a two-year term, he became a statutory tenant and thus entitled to 10 days’ notice under section 53 of the State Rent and Eviction Regulations.

The final order should be reversed, with $30 costs and petition dismissed, without prejudice.

Concur—Hofstadteb, J. P., Hecht and Aurelio, JJ.

Final order reversed, etc.