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Stern v. Carroll

28 Misc. 2d 507, 219 N.Y.S.2d 820, 1960 N.Y. Misc. LEXIS 2890
CourtAppellate Terms of the Supreme Court of New York
DecidedJune 2, 1960
StatusPublished
Cited by7 cases

This text of 28 Misc. 2d 507 (Stern v. Carroll) 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
Stern v. Carroll, 28 Misc. 2d 507, 219 N.Y.S.2d 820, 1960 N.Y. Misc. LEXIS 2890 (N.Y. Ct. App. 1960).

Opinion

Per Curiam.

The need to bring repeated summary proceedings for nonpayment of rent establishes prima facie a violation of the substantial obligation to pay the rent when due, even though, by reason of payment after the proceedings have been begun, they do not eventuate in final orders in favor of the landlord (Stern v. Harrold, 12 Misc 2d 73). The requirement of a 10-day notice to cure under section 52 of the State Rent and Eviction Regulations is inapplicable to the violation here involved (974 Realty Corp. v. Ledford, 9 Misc 2d 240 and cases there cited).

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

Hecht and Aurelio, JJ., concur; Hopstadter, J. P., concurs for reversal but dissents from direction of final order and votes for a new trial.

Final order reversed, etc.

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Cite This Page — Counsel Stack

Bluebook (online)
28 Misc. 2d 507, 219 N.Y.S.2d 820, 1960 N.Y. Misc. LEXIS 2890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stern-v-carroll-nyappterm-1960.