Stakser v. Rodriquez — 23 Misc. 2d 954

Majority

p. 954

Dora Stakser, Appellant, v. George Rodriquez et al., Respondents.

Supreme Court, Appellate Term, First Department,

February 10, 1960.

p. 955

Arnstein é Schwarts (Louis L. Schwarts of counsel), for appellant. No one appearing for respondent.

The obligation of the tenants under the lease to reimburse the landlord for expenses incurred in remedying the tenants’ default is a substantial obligation of the lease under section 8 of the Business Bent Law (L. 1945, ch. 314, as amd.). It properly applies to a proceeding which the landlord is compelled to institute to collect the emergency rent. As the tenants’ failure to pay the counsel fee incurred in collecting the emergency rent is a violation by the tenants of a substantial obligation of the lease, entitling the landlord to dispossess the tenants, the landlord may collect the counsel fee in a summary proceeding.

The. final order should be modified by increasing the amount of the rent found to be due to the sum of $77.64, without costs and as modified affirmed, with $25 costs to appellant.

Concur — Hecht, J. P., Aurelio and Tilzer, JJ.

Final order modified, etc.