Forte v. Velez

Appellate Terms of the Supreme Court of New York

Forte v. Velez

19 Misc. 2d 783, 195 N.Y.S.2d 874, 1959 N.Y. Misc. LEXIS 2931

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 2, 1959

StatusPublished

This text of 19 Misc. 2d 783 (Forte v. Velez) 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

Forte v. Velez, 19 Misc. 2d 783, 195 N.Y.S.2d 874, 1959 N.Y. Misc. LEXIS 2931 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

Landlord waived the breach of covenant by accepting rent with knowledge of such breach. Landlord also failed to establish by competent proof that the occupancy here involved was illegal because of the requirements of law and subjected her to civil or criminal penalties. This disposition [784]*784is without prejudice to the institution of a new proceeding, if the landlord be so advised, in the event that a violation is placed against the property by competent authority.

The final order should be unanimously reversed, with $30 costs to tenants and petition dismissed, with appropriate costs in the court below.

Concur — Pette, Hart and Brown, JJ.

Final order reversed, etc.

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Per Curiam.

Landlord waived the breach of covenant by accepting rent with knowledge of such breach. Landlord also failed to establish by competent proof that the occupancy here involved was illegal because of the requirements of law and subjected her to civil or criminal penalties. This disposition [784]*784is without prejudice to the institution of a new proceeding, if the landlord be so advised, in the event that a violation is placed against the property by competent authority.

The final order should be unanimously reversed, with $30 costs to tenants and petition dismissed, with appropriate costs in the court below.

Concur — Pette, Hart and Brown, JJ.

Final order reversed, etc.

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Bluebook (online)

19 Misc. 2d 783, 195 N.Y.S.2d 874, 1959 N.Y. Misc. LEXIS 2931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forte-v-velez-nyappterm-1959.