Chama Holding Corp. v. Taylor

OPINION OF THE COURT

Order, dated October 12, 2011, affirmed, with $10 costs.

We agree that landlord’s summary judgment evidence failed to establish, prima facie, a pattern of unjustified rent defaults on the tenant’s part sufficient to constitute a violation of a substantial obligation of the tenancy (see Rent Stabilization Code [9 NYCRR] § 2524.3 [a]). While the record demonstrates that tenant’s rent defaults led to the commencement of four nonpayment proceedings between October 2007 and June 2010, two of those proceedings were shown to have arisen from legitimate disputes as to the propriety…