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MATTER OF WISE v. MORALES

4311, 400523/09.

85 A.D.3d 571 (2011)

925 N.Y.S.2d 479

2011 NY Slip Op 5346

In the Matter of REGINA WISE, Petitioner, v. RICARDO ELIAS MORALES, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 21, 2011.

Termination of petitioner's tenancy, under the circumstances was "so disproportionate to the offense," underpayment of rent, "in the light of all the circumstances, as to be shocking to one's sense of fairness" (Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 233 [1974] [internal quotation marks...

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