Legal Opinion

Grosfeld Realty Co. v. Lagares

Appellate Terms of the Supreme Court of New York

Decided July 6, 1989PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Final judgment entered July 18, 1988 reversed, with $30 costs, and the petition is dismissed.

*23Landlord failed to establish by prevailing evidence that the apartment premises was used or occupied for illegal purposes so as to warrant eviction of the section 8 tenant pursuant to RPAPL 711 (5). "The term 'use’ of premises for illegal purposes implies doing of something customarily or habitually upon the premises” (Lituchy v Lathers, 35 Misc 2d 556, 557). Moreover, so far as the record indicates, the tenant’s son (the party responsible for the claimed illegal activity) had…

3Cases cited1 opinion

Lituchy v. LathersAppellate Terms of the Supreme Court of New York · 1962

4Cited by5 opinions

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137 Realty Associates v. SamuelAppellate Terms of the Supreme Court of New York · 2005
New York City Housing Authority v. GrillascaCivil Court of the City of New York · 2007