Opinion
May 28, 1958
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, DARWIN W. TELESFORD, J.
Arthur W. Baily for appellant.
Simon N. Hilliman for respondent.
The repeated and unjustified defaults on the part of the tenant in the payment of rent constitute a violation of a substantial obligation of the tenancy ( 974 Realty Corp. v. Ledford, 9 Misc.2d 240; Gilbert v. Becker, 142 N.Y.S.2d 888).
The final order should be reversed, with $30 costs, and final order directed for landlord as prayed for in petition, with costs.
HOFSTADTER, J.P., HECHT and TILZER, JJ., concur.
Final order reversed, etc.