Stakser v. Rodriquez
| Decision Date | 10 February 1960 |
| Citation | 200 N.Y.S.2d 475,23 Misc.2d 954 |
| Parties | Dora STAKSER, Landlord-Appellant, v. George and Lucy RODRIQUEZ, Tenants-Respondents. |
| Court | New York Supreme Court — Appellate Term |
Arnstein & Schwartz, Louis L. Schwartz, New York City, of counsel for appellant.
No one appearing for respondent.
Before HECHT, J. P., and AURELIO and TILZER, JJ.
The obligation of the tenants under the lease to reimburse the landlord for expenses incurred in remedying the tenants' default is a substantial obligation of the lease under section 8 of the Business Rent Law (L.1945, ch. 314, sec. 8), McK.Unconsol.Laws, § 8558. It properly applies to a proceeding which the landlord is compelled to institute to collect the emergency rent. As the tenants' failure to pay the counsel fee incurred in collecting the emergency rent is a violation by the tenants of a substantial obligation of the lease, entitling the landlord to dispossess the tenants, the landlord may collect the counsel fee in a summary proceeding.
Final order modified by increasing the amount of the rent found to be due to the sum of $77.64, without costs and as modified affirmed, with $25 costs to appellant.
All concur.
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