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EMANDEN REALTY CORP. v. ANGLEY

24 Misc.2d 877 (1959)

Emanden Realty Corp., Appellant, v. Richard Angley, Respondent.

Supreme Court, Appellate Term, First Department.

May 7, 1959.

Attorney(s) appearing for the Case

Newman, Aronson & Neumann (Edwin Ostrow of counsel), for appellant. Tenant appearing in person by Mrs. Richard Angley.

STEUER and TILZER, JJ., concur; HOFSTADTER, J., dissents in memorandum.

Per Curiam.

The unauthorized installation of the washing machine and its retention after notice was a violation of a material provision of the lease (L. H. Estates Co. v. Bartholomew, 9 Misc.2d 116). There was no proof of waiver of the terms of the lease.

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

HOFSTADTER, J. (dissenting...

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