FRALL REALTY CORP. v. KULPA


50 Misc.2d 750 (1966)

Frall Realty Corp., Respondent-Appellant, v. Dorothy Kulpa, Appellant-Respondent.

Supreme Court, Appellate Term, First Department.

May 19, 1966


Attorney(s) appearing for the Case

Newman, Aronson & Neumann (Mannis Neumann of counsel), for appellant-respondent. Arthur Sherr and Henry Mark Holzer for respondent-appellant.

Concur — GOLD, J. P., CAPOZZOLI and HECHT, JJ.


Per Curiam.

The mere refusal to install a new lock, after a burglary, followed immediately by oral notification, by a tenant (defendant), that she intended to vacate her apartment at the end of the month, does not constitute a constructive eviction. The plaintiff landlord, therefore, is entitled to recover the rent due ($110.88) for October, 1963, as well as the rent for September, 1963, awarded to it by the lower court.

The trial court did not abuse...

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