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Appellate Terms of the Supreme Court of New York, 1958

Rental Realty Corp. v. Lawrence

Rental Realty Corp. v. Lawrence
Appellate Terms of the Supreme Court of New York · Decided October 30, 1958
14 Misc. 2d 1070; 180 N.Y.S.2d 111; 1958 N.Y. Misc. LEXIS 2447

Counsel

Emanuel Strauss for appellant., No one appearing for respondent.

Rental Realty Corp. v. Lawrence

Opinion of the Court

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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