Pine Hill Associates v. Malveaux

This is a motion for summary judgment by the plaintiff landlord in an action arising out of an alleged breach of a residential lease agreement. Defendant tenant cross-moves to dismiss the complaint of the plaintiff, and also moves for summary judgment on his counterclaim.

These facts are not in dispute: The defendant, a tenant in subject premises since May, 1975, failed to pay the rent for the months of September and October, 1976. On October 13, 1976, when the tenant was not home, and without tenant’s knowledge or consent, the landlord changed the lock on the apartment and refused to allow…