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Stakser v. Rodriquez

23 Misc. 2d 954, 200 N.Y.S.2d 475, 1960 N.Y. Misc. LEXIS 3632
CourtAppellate Terms of the Supreme Court of New York
DecidedFebruary 10, 1960
StatusPublished
Cited by5 cases

This text of 23 Misc. 2d 954 (Stakser v. Rodriquez) 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
Stakser v. Rodriquez, 23 Misc. 2d 954, 200 N.Y.S.2d 475, 1960 N.Y. Misc. LEXIS 3632 (N.Y. Ct. App. 1960).

Opinion

Per Curiam.

The obligation of the tenants under the lease to reimburse the landlord for expenses incurred in remedying the tenants’ default is a substantial obligation of the lease under section 8 of the Business Bent Law (L. 1945, ch. 314, as amd.). It properly applies to a proceeding which the landlord is compelled to institute to collect the emergency rent. As the tenants’ failure to pay the counsel fee incurred in collecting the emergency rent is a violation by the tenants of a substantial obligation of the lease, entitling the landlord to dispossess the tenants, the landlord may collect the counsel fee in a summary proceeding.

The. final order should be modified by increasing the amount of the rent found to be due to the sum of $77.64, without costs and as modified affirmed, with $25 costs to appellant.

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

Final order modified, etc.

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Cite This Page — Counsel Stack

Bluebook (online)
23 Misc. 2d 954, 200 N.Y.S.2d 475, 1960 N.Y. Misc. LEXIS 3632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stakser-v-rodriquez-nyappterm-1960.