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STERN v. CARROLL

28 Misc.2d 507 (1960)

Gerald E. Stern, Appellant, v. Lottie Carroll, Respondent.

Supreme Court, Appellate Term, First Department.

June 2, 1960

Attorney(s) appearing for the Case

Glasser, Baily & Litwack (Arthur W. Baily of counsel), for appellant. Mortimer Getzels and Maurice A. Reichman for respondent.

HECHT and AURELIO, JJ., concur; HOFSTADTER, J. P., concurs for reversal but dissents from direction of final order and votes for a new trial.

Per Curiam.

The need to bring repeated summary proceedings for nonpayment of rent establishes prima facie a violation of the substantial obligation to pay the rent when due, even though, by reason of payment after the proceedings have been begun, they do not eventuate in final orders in favor of the landlord (Stern v. Harrold, 12 Misc.2d 73). The requirement of a 10-day...

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