Home/Appellate Terms of the Supreme Court of New York/Lester Taylor, Inc. v. Teller

Lester Taylor, Inc. v. Teller

28 Misc. 2d 508, 208 N.Y.S.2d 142, 1960 N.Y. Misc. LEXIS 2112
Appellate Terms of the Supreme Court of New York·Decided December 1, 1960·Published·Cited by 4 cases

Opinion

Per Curiam.

The admitted failure to pay rent on the due date or even reasonably thereafter is prima facie proof of a breach of a substantial portion of the lease. While this conduct may have been acquiesced in by the landlord for a lengthy period, the issuance of 9 precepts within 16 months shows conclusively that he did not condone the late payments for this last period of the tenancy. The disposition on the precepts is not material in view of the fact that the tenant admitted that payment was never made on time or even within a reasonable time.

The final order should be reversed, with $30 costs, and final order directed for the landlord, with costs.

Concur — Hecht, J. P., Steubb and Tilzer, JJ.

Final order reversed, etc.

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

Lester Taylor, Inc. v. Teller, 28 Misc. 2d 508, 208 N.Y.S.2d 142, 1960 N.Y. Misc. LEXIS 2112 (N.Y. Ct. App. 1960).

28 Misc. 2d 508 (Lester Taylor, Inc. v. Teller) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

25th Realty Associates v. Griggs
150 A.D.2d 155 (Appellate Division of the Supreme Court of New York, 1989)
Madison 52nd Corp. v. Ogust
49 Misc. 2d 663 (Civil Court of the City of New York, 1966)
19 South Main Street Corp. v. Phalanx Motors, Inc.
36 Misc. 2d 114 (Ramapo Justice Court, 1962)
940 St. Nicholas Avenue Corp. v. Grant
35 Misc. 2d 165 (Appellate Terms of the Supreme Court of New York, 1962)