Esther Zalaznick v. Arthur Imbembo

Full title: ESTHER ZALAZNICK, Appellant, v. ARTHUR IMBEMBO, Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: Jun 14, 1962

35 Misc. 2d 164 (N.Y. App. Term 1962)

232 N.Y.S.2d 442

Opinion

June 14, 1962

Appeal from the Municipal Court of the City of New York, Borough of The Bronx, SAMUEL R. ROSENBERG, J.

Abraham J. Yasgour for appellant.

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 13 separate dispossess proceedings over a period of 21 months, a final order in favor of the landlord should have been granted. (See 974 Realty Corp. v. Ledford, 9 Misc.2d 240; Gilbert v. Becker, 142 N.Y.S.2d 888; Stern v. Harrold, 12 Misc.2d 73; Rental Realty Corp. v. Lawrence, 14 Misc.2d 1070; Stern v. Carroll, 28 Misc.2d 507.)

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., HOFSTADTER and TILZER, JJ.

Final order reversed, etc.