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940 St. Nicholas Avenue Corp. v. Grant

35 Misc. 2d 165, 232 N.Y.S.2d 207, 1962 N.Y. Misc. LEXIS 3060
Appellate Terms of the Supreme Court of New York·Decided June 21, 1962·Published·Cited by 5 cases

Opinion

Per Curiam.

The record clearly establishes that tenant’s conduct in repeatedly failing and refusing to pay his rent when due was a calculated scheme to harass landlord. The necessity [166] of instituting 17 separate summary proceedings during a 24-month period warranted á final order in favor of landlord, as prayed for in its petition (Zalasnick v. Imbemba, 35 Misc 2d 164; Stern v. Carroll, 28 Misc 2d 507; Taylor v. Teller, 28 Misc 2d 508).

The final order in favor of tenant should be reversed, with $30 costs and final order directed in favor of landlord, as prayed for in the petition, with costs.

Concur — Hecht, J. P., Hofstadtbb and Tilzeb, JJ.

Final order reversed, etc.

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940 St. Nicholas Avenue Corp. v. Grant, 35 Misc. 2d 165, 232 N.Y.S.2d 207, 1962 N.Y. Misc. LEXIS 3060 (N.Y. Ct. App. 1962).

35 Misc. 2d 165 (940 St. Nicholas Avenue Corp. v. Grant) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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