Appellate Terms of the Supreme Court of New York, 1959

Forte v. Velez

Appellate Terms of the Supreme Court of New York · Decided October 2, 1959

19 Misc. 2d 783; 195 N.Y.S.2d 874; 1959 N.Y. Misc. LEXIS 2931

Counsel

Delukey S Shapiro (Stanley Shapiro of counsel), for appellants., Henry Cron and Irving Wallenstein for respondent.

Opinion of the Court

Per Curiam.

Landlord waived the breach of covenant by accepting rent with knowledge of such breach. Landlord also failed to establish by competent proof that the occupancy here involved was illegal because of the requirements of law and subjected her to civil or criminal penalties. This disposition *784is without prejudice to the institution of a new proceeding, if the landlord be so advised, in the event that a violation is placed against the property by competent authority.

The final order should be unanimously reversed, with $30 costs to tenants and petition dismissed, with appropriate costs in the court below.

Concur — Pette, Hart and Brown, JJ.

Final order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.