TOMS POINT APTS. v. GOUDZWARD


79 Misc.2d 206 (1973)

Toms Point Apartments, Respondent, v. Jeannette Goudzward, Appellant.

Supreme Court, Appellate Term, Second Department.

October 15, 1973


Attorney(s) appearing for the Case

Sylvia E. Kelman for appellant. Zimmer, Fischbach, Hertan & Haberman (Stephen B. Hansburg of counsel), for respondent.

Concur — HOGAN, P. J., PITTONI and McCULLOUGH, JJ.


MEMORANDUM.

Final judgment affirmed, without costs.

While we disagree with the holding of the trial court that the grievances complained of by tenant must exist at the time the summary proceeding is commenced in order to establish a retaliatory eviction, nevertheless we are of the opinion that tenant failed to establish the defense by clear and convincing...

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