PINE HILL ASSOC v. MALVEAUX


93 Misc.2d 63 (1978)

Pine Hill Associates, Appellant, v. Benedict Malveaux, Respondent.

Supreme Court, Appellate Term, Second Department.

January 17, 1978


Attorney(s) appearing for the Case

Singer & Silverstein (Alan D. Singer of counsel), for appellant. Rabinowe & Rabinowe (Albert W. Rabinowe of counsel), for respondent.

Concur: FARLEY, P.J., GLICKMAN and GAGLIARDI, JJ.


MEMORANDUM.

Judgment and order of the court below (see 89 Misc.2d 234) unanimously reversed, without costs, and matter remanded to the court below for a trial in accordance with the opinion herein.

Where provided for in the lease, peaceable re-entry by landlord is permissible where the tenant has failed to pay the rent when due (see Fults v Munro, 202 N.Y. 34; Michaels...

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