New York City Housing Authority v. Parker

Appellate Terms of the Supreme Court of New York

New York City Housing Authority v. Parker

11 Misc. 2d 904, 172 N.Y.S.2d 608, 1958 N.Y. Misc. LEXIS 3670

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 20, 1958

StatusPublished

Cited by2 cases

This text of 11 Misc. 2d 904 (New York City Housing Authority v. Parker) 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

New York City Housing Authority v. Parker, 11 Misc. 2d 904, 172 N.Y.S.2d 608, 1958 N.Y. Misc. LEXIS 3670 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

The tenancy here having been properly terminated under the Authority’s monthly lease, there was no legal defense to its holdover proceeding. Moreover, the tenants failed to submit an affidavit of merits and were guilty of laches in neglecting to attempt to vacate the final order for four months following the service of the precept and petition.

In view of the foregoing and the history of the tenants’ delinquency, the order of the court vacating the final order was an improvident exercise of discretion.

The order should be reversed, with $10 costs, and final order reinstated.

Steuer, J. P., Hofstadter and Hecht, JJ., concur.

Order reversed, etc.

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