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Rental Realty Corp. v. Lawrence

14 Misc. 2d 1070 Court Supreme Court, Appellate Term, First Department, Decision date 1958-10-30 English

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p. 1070
Rental Realty Corp., Appellant, v. Clayton Lawrence, Respondent.
Supreme Court, Appellate Term, First Department,
October 30, 1958.
Emanuel Strauss for appellant.
No one appearing for respondent.

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 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 — PIofstadter, J. P., Aurelio and Tilzeb, JJ.

Final order reversed, etc.

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