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940 ST. NICHOLAS AVE. CORP. v. GRANT

Supreme Court, Appellate Term, First Department.
Jun 21, 1962

Per Curiam.

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.