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TOMS POINT APARTMENTS v. GOUDZWARD

Supreme Court, Appellate Term, Second Department
Oct 15, 1973
79 Misc. 2d 206 (N.Y. App. Term 1973)

Opinion

October 15, 1973

Appeal from the District Court of Nassau County, Third District, RALPH DIAMOND, J.

Sylvia E. Kelman for appellant.

Zimmer, Fischbach, Hertan Haberman ( Stephen B. Hansburg of counsel), for respondent.


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 proof.

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


Summaries of

TOMS POINT APARTMENTS v. GOUDZWARD

Supreme Court, Appellate Term, Second Department
Oct 15, 1973
79 Misc. 2d 206 (N.Y. App. Term 1973)
Case details for

TOMS POINT APARTMENTS v. GOUDZWARD

Case Details

Full title:TOMS POINT APARTMENTS, Respondent, v. JEANNETTE GOUDZWARD, Appellant

Court:Supreme Court, Appellate Term, Second Department

Date published: Oct 15, 1973

Citations

79 Misc. 2d 206 (N.Y. App. Term 1973)
360 N.Y.S.2d 366