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Smith v. Stevens

Supreme Court, Appellate Term, First Department
Oct 30, 1947
190 Misc. 457 (N.Y. App. Term 1947)

Opinion

October 30, 1947.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, RAFFERTY, J.

Jawn A. Sandifer for appellant.

George W. Hicks for respondent.


MEMORANDUM


The case was tried on the theory that the tenant had violated a substantial obligation of her tenancy in use of the premises in violation of law, in occupying same for single-room occupancy.

There is neither allegation nor proof that the tenant was given notice of the existence of any violation, and continued the same or failed to cure such violation after written notice by the landlord that the violation cease. The petition was jurisdictionally defective, and on the evidence there is no basis shown for the right to institute and maintain this proceeding (see Jomar Realty Corp. v. Goldstein, 62 N.Y.S.2d 196; Rosmor Realty Corp. v. Daviness, 63 N.Y.S.2d 356; Frank Bros. Footwear, Inc., v. Cook, 66 N.Y.S.2d 275).

The final order should be reversed, with $30 costs, and petition dismissed, with costs.

McLAUGHLIN, EDER and HECHT, JR., JJ., concur.

Final order reversed, etc.


Summaries of

Smith v. Stevens

Supreme Court, Appellate Term, First Department
Oct 30, 1947
190 Misc. 457 (N.Y. App. Term 1947)
Case details for

Smith v. Stevens

Case Details

Full title:ADOLPHUS SMITH, Landlord, Respondent, v. LILLIAN STEVENS, Tenant, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Oct 30, 1947

Citations

190 Misc. 457 (N.Y. App. Term 1947)
75 N.Y.S.2d 189