McBEAN v. PEASTER


25 Misc.2d 400 (1960)

James McBean, Landlord, v. Mary Peaster, Tenant.

Municipal Court of the City of New York, Borough of The Bronx.

September 14, 1960.


Attorney(s) appearing for the Case

Kozinn, Krasner & Kozinn (Alfred L. Krasner of counsel), for landlord. Mary Peaster, tenant in person.


ARTHUR WACHTEL, J.

This is a nonpayment proceeding for rent due for the months of July and August in the amount of $50 for each month. The parties entered into a lease for a term of two years, commencing October 30, 1959, of store premises to be occupied and used as a candy store and luncheonette.

The tenant raises the defense of actual eviction as a bar to the landlord's claim for rent. Upon weighing the credible testimony the court finds that...

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