BLH REALTY CORP v. CRUZ


87 Misc.2d 258 (1975)

B.L.H. Realty Corporation, Appellant-Respondent, v. Atila Cruz, Respondent-Appellant.

Supreme Court, Appellate Term, First Department.

May 16, 1975


Attorney(s) appearing for the Case

Allison & Kaufman (Abraham J. Yasgour of counsel), for appellant-respondent. Michael D. Hampden, Niranjana I. Shah and Robert D. Lippmann for respondent-appellant.

Concur: MARKOWITZ, P. J., FRANK and DUDLEY, JJ.


Per Curiam.

Because landlord had failed to remove serious violations in tenant's apartment, which could constitute the basis for the constructive eviction of tenant, this nonpayment summary proceeding, brought in March of 1971, was stayed under section 755 of the Real Property Actions and Proceedings Law by order of the court below dated March 25, 1971. For almost three years thereafter tenant continued to deposit...

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