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STERN v. HARROLD

12 Misc.2d 73 (1958)

Irwin Stern, Appellant, v. Beatrice Harrold, Respondent.

Supreme Court, Appellate Term, First Department.

May 28, 1958.

Attorney(s) appearing for the Case

Arthur W. Baily for appellant.

Simon N. Hilliman for respondent.

HOFSTADTER, J. P., HECHT and TILZER, JJ., concur.

Per Curiam.

The repeated and unjustified defaults on the part of the tenant in the payment of rent constitute a violation of a substantial obligation of the tenancy (974 Realty Corp. v. Ledford, 9 Misc.2d 240; Gilbert v. Becker, 142 N.Y.S.2d 888).

The final order should be reversed, with $30 costs, and final order directed for landlord as prayed for in petition...

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