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Lester Taylor, Inc. v. Teller

Supreme Court, Appellate Term, First Department
Dec 1, 1960
28 Misc. 2d 508 (N.Y. App. Term 1960)

Summary

In Taylor, Inc., v. Teller (28 Misc.2d 508) there were issued 9 precepts within 16 months, and the tenant admitted that payment was never made on time or even within a reasonable time.

Summary of this case from Mtr. of 19 So. Main St. v. Phalanx Motors

Opinion

December 1, 1960

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, BENJAMIN SHALLECK, J.

David S. Meyer for appellants.

Sidney Keats for respondent.


The admitted failure to pay rent on the due date or even reasonably thereafter is prima facie proof of a breach of a substantial portion of the lease. While this conduct may have been acquiesced in by the landlord for a lengthy period, the issuance of 9 precepts within 16 months shows conclusively that he did not condone the late payments for this last period of the tenancy. The disposition on the precepts is not material in view of the fact that the tenant admitted that payment was never made on time or even within a reasonable time.

The final order should be reversed, with $30 costs, and final order directed for the landlord, with costs.

Concur — HECHT, J.P., STEUER and TILZER, JJ.

Final order reversed, etc.


Summaries of

Lester Taylor, Inc. v. Teller

Supreme Court, Appellate Term, First Department
Dec 1, 1960
28 Misc. 2d 508 (N.Y. App. Term 1960)

In Taylor, Inc., v. Teller (28 Misc.2d 508) there were issued 9 precepts within 16 months, and the tenant admitted that payment was never made on time or even within a reasonable time.

Summary of this case from Mtr. of 19 So. Main St. v. Phalanx Motors
Case details for

Lester Taylor, Inc. v. Teller

Case Details

Full title:LESTER TAYLOR, INC., Managing Agent for DORA GREEN et al., Appellants, v…

Court:Supreme Court, Appellate Term, First Department

Date published: Dec 1, 1960

Citations

28 Misc. 2d 508 (N.Y. App. Term 1960)
208 N.Y.S.2d 142

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Mtr. of 19 So. Main St. v. Phalanx Motors

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