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2564 COMPANY, Appellant, v. ANGELO D'ADDARIO, Respondent

Per Curiam.

Where the landlord has presented irrefutable proof that the tenant violated a substantial obligation of his tenancy by repeated and unjustified refusal to pay his rent when due, which necessitated 11 separate dispossess proceedings over a period from October, 1958 to May, 1960, or one every three months, a final order in favor of the landlord should have been granted ( Gilbert v. Becker, 142 N.Y.S.2d 888; 974 Realty Corp. v. Ledford, 9 Misc.2d 240; Rental Realty Corp. v. Lawrence, 14 Misc.2d 1070).

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 — HOFSTADTER, J.P., TILZER and GOLD, JJ.

Final order reversed, etc.

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2564 CO. v. D'ADDARIO
(Nov 30, 1961)