Rental Realty Corp. v. Lawrence

14 Misc. 2d 1070, 180 N.Y.S.2d 111, 1958 N.Y. Misc. LEXIS 2447
Appellate Terms of the Supreme Court of New York·Decided October 30, 1958·Published·Cited by 5 cases

Opinion

Per Curiam.

Where the landlord has presented irrefutable proof that tenant violated a substantial obligation of his tenancy by repeated and unjustified refusal to pay his rent when due, which necessitated 12 separate dispossess proceedings over a period of 20 months, a final order in favor of the landlord should have been granted. (Gilbert v. Becker, 142 N. Y. S. 2d 888; 974 Realty Corp. v. Leford, 9 Misc 2d 240.)

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

Concur — PIofstadter, J. P., Aurelio and Tilzeb, JJ.

Final order reversed, etc.

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Rental Realty Corp. v. Lawrence, 14 Misc. 2d 1070, 180 N.Y.S.2d 111, 1958 N.Y. Misc. LEXIS 2447 (N.Y. Ct. App. 1958).

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