Hyperlawhypertext legal databasebeta 940 St. Nicholas Avenue Corp. v. Grant 35 Misc.2d 165

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940 St. Nicholas Avenue Corp. v. Grant

35 Misc.2d 165 Court Supreme Court, Appellate Term, First Department, Decision date 1962-06-21 English

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p. 165
940 St. Nicholas Avenue Corp., Appellant, v. James Grant, Respondent.
Supreme Court, Appellate Term, First Department,
June 21, 1962.
Donald Crichton and Louis J. Shaw for appellant. Mortimer Getzels, Abraham Ecksteim, and Ciceil L. Gross for respondent.

The record clearly establishes that tenant’s conduct in repeatedly failing and refusing to pay his rent when due was a calculated scheme to harass landlord. The necessity

p. 166
of instituting 17 separate summary proceedings during a 24-month period warranted á final order in favor of landlord, as prayed for in its petition (Zalasnick v. Imbemba, 35 Misc 2d 164 ; Stern v. Carroll, 28 Misc 2d 507 ; Taylor v. Teller, 28 Misc 2d 508 ).

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., Hofstadtbb and Tilzeb, JJ.

Final order reversed, etc.

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