940 St. Nicholas Ave. Corp.v.Grant

Supreme Court, Appellate Term, First DepartmentJun 21, 1962
35 Misc. 2d 165 (N.Y. Misc. 1962)
35 Misc. 2d 165232 N.Y.S.2d 207

June 21, 1962

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, CHARLES GOLD, J.

Donald Crichton and Louis J. Shaw for appellant.

Mortimer Getzels, Abraham Eckstein 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 of instituting 17 separate summary proceedings during a 24-month period warranted a final order in favor of landlord, as prayed for in its petition ( Zalaznick 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., HOFSTADTER and TILZER, JJ.

Final order reversed, etc.