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CLOVERDALE GARDEN APTS. v. MARTIN

35 Misc.2d 175 (1962)

Cloverdale Garden Apartments, Inc., Appellant, v. Steven Martin, Respondent.

Supreme Court, Appellate Term, Second Department.

March 28, 1962

Attorney(s) appearing for the Case

Dorsey & Berko (Louis J. Berko of counsel), for appellant. Brennan & Landers for respondent.

Concur — HART, BROWN and BENJAMIN, JJ.

Per Curiam.

The presence of the washing machine in tenant's apartment, connected to the plumbing and requiring but the turn of a dial to put it in operation, constituted continued "installation and use" of the machine in contravention of lease provision 23. (Emanden Realty Corp. v. Angley, 24 Misc.2d 877 [App. Term, 1st Dept.]; cf. L. H. Estates Co. v. Bartholomew...

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