Appellate Terms of the Supreme Court of New York, 1962

940 St. Nicholas Avenue Corp. v. Grant

940 St. Nicholas Avenue Corp. v. Grant
Appellate Terms of the Supreme Court of New York · Decided June 21, 1962
35 Misc. 2d 165; 232 N.Y.S.2d 207; 1962 N.Y. Misc. LEXIS 3060

Counsel

Donald Crichton and Louis J. Shaw for appellant. Mortimer Getzels, Abraham Ecksteim, and Ciceil L. Gross for respondent.

940 St. Nicholas Avenue Corp. v. Grant

Opinion of the Court

Per Curiam.

The record clearly establishes that tenant’s conduct in repeatedly failing and refusing to pay his rent when due was a calculated scheme to harass landlord. The necessity *166of instituting 17 separate summary proceedings during a 24-month period warranted á final order in favor of landlord, as prayed for in its petition (Zalasnick v. Imbemba, 35 Misc 2d 164; Stern v. Carroll, 28 Misc 2d 507; Taylor v. Teller, 28 Misc 2d 508).

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 — Hecht, J. P., Hofstadtbb and Tilzeb, JJ.

Final order reversed, etc.

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