Dzubey v. Teachers' College

Order, Supreme Court, New. York County (Klein, J.), entered April 9, 1981, which granted plaintiff’s motion for summary judgment on his first cause of action and granted defendant’s cross motion for leave to serve an amended answer, affirmed, without costs or disbursements. Plaintiff was removed from his apartment pursuant to a warrant of eviction issued as a result of his *784alleged failure to pay rent. Appellate Term reversed the judgment awarding possession, on the ground that it was not supported by evidence of nonpayment. The premises, however, were no longer habitable inasmuch as the…