2564 Co. v. D'Addario

Appellate Terms of the Supreme Court of New York

2564 Co. v. D'Addario

35 Misc. 2d 176, 232 N.Y.S.2d 294, 1961 N.Y. Misc. LEXIS 1983

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 30, 1961

StatusPublished

Cited by1 cases

This text of 35 Misc. 2d 176 (2564 Co. v. D'Addario) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

2564 Co. v. D'Addario, 35 Misc. 2d 176, 232 N.Y.S.2d 294, 1961 N.Y. Misc. LEXIS 1983 (N.Y. Ct. App. 1961).

Pincite

Opinion

Per Curiam.

Where the landlord has presented irrefutable proof that the tenant violated a substantial obligation of his tenancy by repeated and unjustified refusal to pay his rent when due, which necessitated 11 separate dispossess proceedings over a period from October, 1958 to May, 1960, or one every three months, a final order in favor of the landlord should, have been granted (Gilbert v. Becker, 142 N. Y. S. 2d 888; 974 Realty Corp.v. Ledford, 9 Misc 2d 240; Rental Realty Corp. v. Lawrence,. 14 Misc 2d 1070).

[177]*177The final order in favor of tenant should he reversed, with $30 costs, and final order directed in favor of landlord as prayed for in the petition, with costs.

Concur — IIofstadter, J. P., Tilzer and Gold, JJ.

Final order reversed, etc.

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Per Curiam.

Where the landlord has presented irrefutable proof that the tenant violated a substantial obligation of his tenancy by repeated and unjustified refusal to pay his rent when due, which necessitated 11 separate dispossess proceedings over a period from October, 1958 to May, 1960, or one every three months, a final order in favor of the landlord should, have been granted (Gilbert v. Becker, 142 N. Y. S. 2d 888; 974 Realty Corp.v. Ledford, 9 Misc 2d 240; Rental Realty Corp. v. Lawrence,. 14 Misc 2d 1070).

[177]*177The final order in favor of tenant should he reversed, with $30 costs, and final order directed in favor of landlord as prayed for in the petition, with costs.

Concur — IIofstadter, J. P., Tilzer and Gold, JJ.

Final order reversed, etc.

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Bluebook (online)

35 Misc. 2d 176, 232 N.Y.S.2d 294, 1961 N.Y. Misc. LEXIS 1983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/2564-co-v-daddario-nyappterm-1961.

Opinion

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