Tenant Evicted for Chronic Nonpayment of Rent

(Decision submitted by Todd Nahins and Steven Schultz of the Manhattan law firm of Borah, Goldstein, Altschuler, Schwartz & Nahins, PC, attorneys for the landlord.) Landlord sued to evict tenant for chronic nonpayment of rent. Landlord claimed that tenant breached substantial obligations of his tenancy. Since 1988, landlord had sent tenant 33 separate rent demands and/or nonpayment petitions. The court ruled for landlord. Although tenant claimed that a breach of the warranty of habitability caused her to pay rent late, no proof was shown. And in the past five years alone, landlord sent rent demands and/or nonpayment petitions on 16 separate occasions.

Clypeta Realty Co. v. Gralnick: L&T Index No. 79360/01 (Civ. Ct. NY 1/8/02; Milin, J) [4-pg. doc.]