Opinion
November 30, 1961
Appeal from the Municipal Court of the City of New York, Borough of The Bronx, LOUIS PECK, J.
Bernstein Moche ( Leonard H. Moche of counsel), for appellant.
Marinello Musicant ( Morris Musicant of counsel), for respondent.
Where the landlord has presented irrefutable proof that the tenant violated a substantial obligation of his tenancy by repeated and unjustified refusal to pay his rent when due, which necessitated 11 separate dispossess proceedings over a period from October, 1958 to May, 1960, or one every three 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. Ledford, 9 Misc.2d 240; Rental Realty Corp. v. Lawrence, 14 Misc.2d 1070).
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 — HOFSTADTER, J.P., TILZER and GOLD, JJ.
Final order reversed, etc.