Cloverdale Garden Apartments, Inc. v. Martin

35 Misc. 2d 175, 232 N.Y.S.2d 57, 1962 N.Y. Misc. LEXIS 3604

Opinion

Per Curiam.

The presence of the washing machine in tenant’s apartment, connected to the plumbing and requiring but the turn of a dial to put it in operation, constituted continued “ installation and use ” of the machine in contravention of lease provision 23. (Emanden Realty Corp. v. Angley, 24 Misc 2d 877 [App. Term, 1st Dept.]; cf. L. H. Estates Co. v. Bartholomew, 9 Misc 2d 116 [App. Term, 1st Dept.], affd. 5 A D 2d 815.)

The final order should be unanimously reversed, with $30 costs to landlord, and final order directed for landlord with appropriate costs in the court below. If tenant disconnects and removes the washing machine from his apartment within 5 days after the service of a copy of the order entered hereon, with notice of entry, the eviction is stayed until further order of the court.

Concur — Hart, Brown and Benjamin, JJ.

Final order reversed, etc.