Rental Realty Corp. v. Lawrence

Full title: RENTAL REALTY CORP., Appellant, v. CLAYTON LAWRENCE, Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: Oct 30, 1958

14 Misc. 2d 1070 (N.Y. App. Term 1958)

180 N.Y.S.2d 111

Opinion

October 30, 1958

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, PELHAM ST. GEORGE BISSELL, III, J.

Emanuel Strauss for appellant.

No one appearing for respondent.

Per Curiam.

Where the landlord has presented irrefutable proof that tenant violated a substantial obligation of his tenancy be repeated and unjustified refusal to pay his rent when due, which necessitated 12 separate dispossess proceedings over a period of 20 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. Leford, 9 Misc.2d 240.)

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., AURELIO and TILZER, JJ.

Final order reversed, etc.