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One-Two East 87th St. Corp. v. Rees

35 Misc. 2d 158, 232 N.Y.S.2d 292, 1962 N.Y. Misc. LEXIS 3013
CourtAppellate Terms of the Supreme Court of New York
DecidedJune 28, 1962
StatusPublished
Cited by6 cases

This text of 35 Misc. 2d 158 (One-Two East 87th St. Corp. v. Rees) 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
One-Two East 87th St. Corp. v. Rees, 35 Misc. 2d 158, 232 N.Y.S.2d 292, 1962 N.Y. Misc. LEXIS 3013 (N.Y. Ct. App. 1962).

Opinion

Per Curiam.

The proof clearly establishes a violation of the express terms of the lease, projected into the statutory tenancy. The mere fact that tenant’s friend paid her no rent for the occupancy does not affect the fact that such use of the apartment, without landlord’s consent, violates the lease (Irweis Holding Corp. v. Glenn, 2 Misc 2d 804; 820 E. 57th St. Corp. v. Peckham, 63 N. Y. S. 2d 357). The circumstances indicated that such use and occupancy was more than a mere visit or temporary expedient.

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

Concur— Hofstadter, J. P., Hecht and Tilzbr, JJ.

Final order reversed, etc.

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Bluebook (online)
35 Misc. 2d 158, 232 N.Y.S.2d 292, 1962 N.Y. Misc. LEXIS 3013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/one-two-east-87th-st-corp-v-rees-nyappterm-1962.