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RENTAL REALTY CORP. v. LAWRENCE

Supreme Court, Appellate Term, First Department.
Oct 30, 1958

Per Curiam.

Where the landlord has presented irrefutable proof that tenant violated a substantial obligation of his tenancy be repeated and unjustified refusal to pay his rent when due, which necessitated 12 separate dispossess proceedings over a period of 20 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. Leford, 9 Misc.2d 240.)

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., AURELIO and TILZER, JJ.

Final order reversed, etc.