Grosfeld Realty Co. v. Lagares

Appellate Terms of the Supreme Court of New York

Grosfeld Realty Co. v. Lagares

150 Misc. 2d 22, 575 N.Y.S.2d 220, 1989 N.Y. Misc. LEXIS 904

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 6, 1989

StatusPublished

Cited by5 cases

This text of 150 Misc. 2d 22 (Grosfeld Realty Co. v. Lagares) 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

Grosfeld Realty Co. v. Lagares, 150 Misc. 2d 22, 575 N.Y.S.2d 220, 1989 N.Y. Misc. LEXIS 904 (N.Y. Ct. App. 1989).

Pincite

Opinion

OPINION OF THE COURT

Per Curiam.

Final judgment entered July 18, 1988 reversed, with $30 costs, and the petition is dismissed.

[23]*23Landlord failed to establish by prevailing evidence that the apartment premises was used or occupied for illegal purposes so as to warrant eviction of the section 8 tenant pursuant to RPAPL 711 (5). "The term 'use’ of premises for illegal purposes implies doing of something customarily or habitually upon the premises” (Lituchy v Lathers, 35 Misc 2d 556, 557). Moreover, so far as the record indicates, the tenant’s son (the party responsible for the claimed illegal activity) had vacated the apartment premises prior to the commencement of the proceeding.

■ Ostrau, P. J., Parness and Miller, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT

Per Curiam.

Final judgment entered July 18, 1988 reversed, with $30 costs, and the petition is dismissed.

[23]*23Landlord failed to establish by prevailing evidence that the apartment premises was used or occupied for illegal purposes so as to warrant eviction of the section 8 tenant pursuant to RPAPL 711 (5). "The term 'use’ of premises for illegal purposes implies doing of something customarily or habitually upon the premises” (Lituchy v Lathers, 35 Misc 2d 556, 557). Moreover, so far as the record indicates, the tenant’s son (the party responsible for the claimed illegal activity) had vacated the apartment premises prior to the commencement of the proceeding.

■ Ostrau, P. J., Parness and Miller, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

150 Misc. 2d 22, 575 N.Y.S.2d 220, 1989 N.Y. Misc. LEXIS 904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grosfeld-realty-co-v-lagares-nyappterm-1989.

Opinion

Related

Cite This Page — Counsel Stack