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2564 CO. v. D'ADDARIO

35 Misc.2d 176 (1961)

2564 Company, Appellant, v. Angelo D'Addario, Respondent.

Supreme Court, Appellate Term, First Department.

November 30, 1961

Attorney(s) appearing for the Case

Bernstein & Moche (Leonard H. Moche of counsel), for appellant. Marinello & Musicant (Morris Musicant of counsel), for respondent.

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

Per Curiam.

Where the landlord has presented irrefutable proof that the tenant violated a substantial obligation of his tenancy by repeated and unjustified refusal to pay his rent when due, which necessitated 11 separate dispossess proceedings over a period from October, 1958 to May, 1960, or one every three months, a final order in favor of the landlord should have been granted (Gilbert v. Becker, 142 N.Y.S.2d 888; 974 Realty Corp. v. Ledford

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