Mendoza v. Syme

184 Misc. 98, 53 N.Y.S.2d 390, 1945 N.Y. Misc. LEXIS 1522
CourtCity of New York Municipal Court
DecidedFebruary 23, 1945
StatusPublished
Cited by2 cases

This text of 184 Misc. 98 (Mendoza v. Syme) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mendoza v. Syme, 184 Misc. 98, 53 N.Y.S.2d 390, 1945 N.Y. Misc. LEXIS 1522 (N.Y. Super. Ct. 1945).

Opinion

Baker, J.

In this summary proceeding, the landlord seeks to evict the tenant upon the ground that he holds over beyond the expiration of his term. The tenant occupies the premises as a monthly tenant. His term is alleged to have been terminated by the service of the usual thirty-day notice, specifying, in accordance with the requirement of the Office of Price Administration’s regulation, the ground upon which the landlord relies for removal of the tenant. The notice, served December 30, 1944, terminating the tenancy as of January 31, 1945, contains the following statement?: Termination of your tenancy is on the grounds of — Creating Nuisance ” (sic).

The landlord contends that the facts established on the trial are sufficient to bring the proceeding within the provisions of paragraph (3) of subdivision (a) of section 6 of the Office of Price Administration’s Rent Regulation for Housing in the New York City Defense-Rental Area (8 Fed. Reg. 13918), the [100]*100effect of which is to exclude from the protection afforded tenants by section 6 of said regulation, one who is “ committing or permitting a nuisance ” in the rented premises. The jurisdiction of the court to make the final order sought depends upon whether the acts and conduct of the tenant constitute the commission of a nuisance within the meaning of the regulation.

The tenant occupies the upper apartment of a two-family house owned by the landlord. The lower apartment is occupied by the landlord. There is a vestibule, used in common by the parties, opening upon which are adjoining entrance doors leading to the respective apartments. These doors are separated by a narrow partition. They are identical in appearance, of frame construction, each containing a large plate glass panel of about one-third the area of the door.

Early in October, 1944, the tenant posted behind the glass panel of his entrance door, in such manner as to attract the attention of persons approaching either entrance door, a placard or poster, measuring approximately ten inches by twelve inches, upon which was printed the following:

ISRAEL
Come back to thy. God — The Lord shall be the hope of His people. Look not to man or a Nation for help.
Cursed be the man that trusteth in man and maketh flesh his aim. Jeremiah 17-5.
In Jehovah, thy creator, is help and everlasting life.
Turn ye, turn ye, except ye repent ye shall perish. .
Come, receive Yeshuah Ha-Moshiah, Messiah and King, the way back to the Father, and that rest and peace that yet remains for Jerusalem and the Children of God.
Come now and let us reason together saith the Lord, though your sins be as scarlet, they shall be as white as snow. Isaiah 1-18.
The Blood of Jesus Christ, God’s Son, the sacrificial lamb, cleanseth us from all sin, and reconciles us to God.
The just shall live by faith.
WHO IS A JEW?
One worshiping the God of Abraham and Moses.
His heart is cireumsized and tender; it is one of flesh.
He is born again of God’s Holy Spirit and worships God in Spirit and in Truth.
He has unfeigned, living faith, which worketh by love.
He loves justice and mercy and walks humbly with his God.
He has believed on, and received, his Messiah and King, Who is none other than Jesus Christ, the Son of God.
Such a one is a complete Jew.
“ Come now, and let us reason together, saith the Lord: though your sins be as scarlet, they shall be as white as snow; though they be red like crimson, they shall be as wool.” Isaiah 1:18.

[101]*101Upon protest by the landlord, this placard was removed by the tenant who thereupon posted in its place another, of smaller size, bearing the legend, in large bold-faced type: ‘‘ Praise the Lord, ‘ Anyhow ’.” This latter sign was, in turn, replaced by still another, of about the same size as the first, reading as follows:

For the wages of sin is death; but the gift of God is eternal life through Jesus Christ our Lord. Romans 6:23
A Christian’s Reward
A Christian possesses eternal life. For God so loved the world that He gave His only begotten Son, that whosoever believeth in Him should not perish but have Everlasting Life. John 3:16
»> & tü •:> O tt
Those who serve Him faithfully will also receive a reward. “And behold I come quickly; and my reward is with me, to give according as His work shall be.” Revelation 22:18
at e e e * e #
The only way to obtain this salvation is “Believe on the Lord Jesus Christ, and thou shalt be saved and thy house.” Acts 16:31
Are you ready to meet Jesus Christ in your sinful condition?
A Sinner’s Punishment
“ The wicked shall be turned into hell and all the nations that forget God.” Psalm 9:17
*»**#£»
Many people think hell is not a bad place. But the scripture says “ The rich man also died and was buried; and in hell he lifted up his eyes, being in torments.” Luke 16:22 & 23
This is not a matter to be taken lightly. I warn you that hell is an awfull place in which to spend a long eternity, and beside all this, “Between us and you there is a great gulf fixed, so that they which would pass from hence to you cannot; neither can they pass to us, that would come from thence.” Luke 16:26
#■*#***#
But thank God there is a glorious way of escape.

Upon refusal of the tenant to comply with her requests that the signs be removed, the landlord caused a letter to be sent to the tenant by her attorney requesting that they be removed upon the ground that they were a source of annoyance. The letter was received by the tenant on or about October 26, 1944, but he refused, and continues to refuse, to comply with the request. The sign last above mentioned remained posted on the tenant’s entrance door as of the date of the trial.

The landlord is a person of the Jewish faith. She testified that the matter contained in the placards caused her discomfort, [102]*102embarrassment and annoyance. Her friends, persons of her own religious faith, visiting her home, repeatedly questioned her about them. The burden of her testimony is that the placards were considered by her as a taunt and as a reflection on her religious beliefs.

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Related

Beck v. Bechtel Hotels, Inc.
72 A.2d 36 (District of Columbia Court of Appeals, 1950)
Holbert v. Harrigan
187 Misc. 858 (City of New York Municipal Court, 1946)

Cite This Page — Counsel Stack

Bluebook (online)
184 Misc. 98, 53 N.Y.S.2d 390, 1945 N.Y. Misc. LEXIS 1522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendoza-v-syme-nynyccityct-1945.