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KEPO, INC. v. ROMANO

85 A.D.2d 621 (1981)

Kepo, Inc., Respondent, v. George R. Romano, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 14, 1981

Judgment affirmed, with costs.

The plaintiff tenant's failure to pay rent did not entitle appellant to assume possession of the premises without notice to plaintiff, i.e., a demand for rent (See Pine Hill Assoc. v Malveaux, 93 Misc.2d 63). To justify the eviction of a tenant a landlord is required to prove that: (a) under the specific terms of the lease, the tenant's right to enjoy and maintain control over the demised...

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