Ehrenworth v. Kaufelt

OPINION OF THE COURT

Judgment entered September 17, 2003 affirmed, with $25 costs. Appeal from order dated July 7, 2003 dismissed, without costs, as superceded by the appeal from the aforesaid judgment.

The action arises out of the defendants’ rental of a single-family residence owned by plaintiff and located at 109 Bank Street, in Manhattan. The extensive record developed on the parties’ cross motions for summary judgment, including defendant Kaufelt’s own deposition testimony, conclusively demonstrates that defendants, as tenants, breached the provisions of paragraph 38 of the rider to the…