TOMS POINT APARTMENTS v. GOUDZWARD

MEMORANDUM.

Final judgment affirmed, without costs.

While we disagree with the holding of the trial court that the grievances complained of by tenant must exist at the time the summary proceeding is commenced in order to establish a retaliatory eviction, nevertheless we are of the opinion that tenant failed to establish the defense by clear and convincing proof.

Concur — HOGAN, P.J., PITTONI and McCULLOUGH, JJ.