Appellate Terms of the Supreme Court of New York, 1973

Toms Point Apartments v. Goudzward

Appellate Terms of the Supreme Court of New York · Decided October 15, 1973

79 Misc. 2d 206; 360 N.Y.S.2d 366; 1973 N.Y. Misc. LEXIS 1271

Counsel

Sylvia E. Kelman for appellant. Zimmer, Fischbach, Hertan $ Haberman {Stephen B. Hamburg of counsel), for respondent.

Opinion of the Court

Memorandum. Final judgment affirmed, without costs.

While we disagree with the bolding of the trial court that the grievances complained of by tenant must exist at the time the summary proceeding is commenced in order to establish a retaliatory eviction, nevertheless we are of the opinion that tenant failed to establish the defense-by clear and convincing proof.

Concur — Hogan, IP. J., Pittoni and McCullough, JJ.

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