Lake v Hurrtt

[*1] Lake v Hurrtt 2004 NY Slip Op 51034(U) Decided on September 20, 2004 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 20, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:DECIDED September 20, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : McCABE, P.J., COVELLO and TANENBAUM, JJ.
NO.2003-1199 S C

DANIEL D. LAKE, Respondent,

against

ORLIN HURRTT, Appellant, -and- BRUCE WILLIAMS & DARYL DURANT, Tenants.

Appeal by tenant Orlin Hurrtt from so much of a final judgment of the District Court, Suffolk County (P. Barton, J.), entered March 31, 2003, as awarded landlord possession and a money judgment in the sum of $3,400 as against him.

Final judgment insofar as appealed from unanimously affirmed without costs.

At trial, landlord testified that tenant Orlin Hurrtt entered into possession in the middle of a month and that the rent was initially prorated. The tenancy was month-to-month with rent being due at the beginning of each month. In addition, Hurrtt testified
that he always tried to pay the rent around the first of the month. In view of the
foregoing, the court's finding that the month-to-month tenancy ran from the first of the month was supported by the credible evidence adduced upon the trial (see Barnett v Cannizzaro, 3 AD2d 745, 747 [1957]). Thus, the notice of termination, ending the tenancy on the 31st of January, 2003 was proper. Finally, landlord established his right to the rent and arrears awarded by the court. [*2]
Decision Date: September 20, 2004