DAVID v. BELCLARE ESTATES


10 A.D.2d 157 (1960)

Frances David, Appellant, v. Belclare Estates, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 29, 1960.


Attorney(s) appearing for the Case

Amos S. Basel of counsel (Edward Morrison with him on the brief), for appellant.

Leon Axelrod of counsel (Axelrod & Jaffe, attorneys), for respondent.

BOTEIN, P. J., BREITEL, M. M. FRANK, McNALLY and STEVENS, JJ., concur.


Per Curiam.

In the underlying summary proceeding the tenant was not represented or advised by counsel. She failed to pay the rent required by the final order of the Municipal Court in such proceeding, before the expiration of a 10-day stay, due to an alleged lack of understanding of the terms of the order. In consequence, the tenant faces eviction under the warrant.

While the law in this area requires painstaking distinctions, it is conceded by the...

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