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EDIL MGMT. v. OLLIVERRE

17 Misc.2d 861 (1959)

Edil Management, Inc., Appellant, v. Austin Olliverre, Respondent.

Supreme Court, Appellate Term, First Department.

April 30, 1959.

Attorney(s) appearing for the Case

Albert N. Cassotta for appellant.

Alexander E. Harris for respondent.

Concur — HOFSTADTER, J. P., STEUER and TILZER, JJ.

Per Curiam.

The uncontradicted proof of 33 defaults in the payment of rent shows the verdict to be against the weight of the evidence (974 Realty Corp. v. Ledford, 9 Misc.2d 240; San Fillipo v. Coster, 91 N.Y.S.2d 738, appeal dismissed 100 N.Y.S.2d 144).

The final order should be reversed and a new trial ordered, with $30 costs to appellant to abide the...

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