150 E. 58TH ST. ASSOC. v. BIRNBAUM


68 Misc.2d 756 (1972)

150 East 58th St. Associates, Petitioner, v. Saul Birnbaum, Respondent.

Civil Court of the City of New York, Trial Term, New York County.

January 6, 1972


Attorney(s) appearing for the Case

Gartlir, Gottlieb & Gross (Bernard Gartlir and Donald M. Weisberg of counsel), for petitioner. Di Falco, Field, Florea & O'Rourke (Sidney A. Florea of counsel), for respondent.


IRVING YOUNGER, J.

In law as in life, one is often deceived. This case proves the danger of trusting even Civil Court rules.

Petitioner owns an office building in which respondent occupies space under a written lease. When respondent failed to remit his rent for the months of July through November, 1971, petitioner commenced a summary nonpayment proceeding. Respondent promptly served his answer, denying the petition's allegations and asserting...

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