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Grosfeld Realty Co v. Lagares

Supreme Court, Appellate Term, First Department
Jul 6, 1989
150 Misc. 2d 22 (N.Y. App. Term 1989)

Summary

holding that "a landlord failed to establish by prevailing evidence that the apartment premises was used or occupied for illegal purposes so as to warrant eviction" where "the tenant's son (the party responsible for the claimed illegal activity) had vacated the apartment premises prior to commencement of the proceeding"

Summary of this case from Escalera v. New York Housing Authority

Opinion

July 6, 1989

Appeal from the Civil Court of the City of New York, Bronx County, Howard F. Trussel, J.

Irving J. Panzer for appellant.

Novick, Edelstein, Lubell, Reisman, Wasserman Leventhal for respondent.


Final judgment entered July 18, 1988 reversed, with $30 costs, and the petition is dismissed.

Landlord failed to establish by prevailing evidence that the apartment premises was used or occupied for illegal purposes so as to warrant eviction of the section 8 tenant pursuant to RPAPL 711 (5). "The term 'use' of premises for illegal purposes implies doing of something customarily or habitually upon the premises" (Lituchy v Lathers, 35 Misc.2d 556, 557). Moreover, so far as the record indicates, the tenant's son (the party responsible for the claimed illegal activity) had vacated the apartment premises prior to the commencement of the proceeding.

OSTRAU, P.J., PARNESS and MILLER, JJ., concur.


Summaries of

Grosfeld Realty Co v. Lagares

Supreme Court, Appellate Term, First Department
Jul 6, 1989
150 Misc. 2d 22 (N.Y. App. Term 1989)

holding that "a landlord failed to establish by prevailing evidence that the apartment premises was used or occupied for illegal purposes so as to warrant eviction" where "the tenant's son (the party responsible for the claimed illegal activity) had vacated the apartment premises prior to commencement of the proceeding"

Summary of this case from Escalera v. New York Housing Authority
Case details for

Grosfeld Realty Co v. Lagares

Case Details

Full title:GROSFELD REALTY CO., Respondent, v. CARMEN LAGARES, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Jul 6, 1989

Citations

150 Misc. 2d 22 (N.Y. App. Term 1989)
575 N.Y.S.2d 220

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