
    Toms Point Apartments, Respondent, v. Jeannette Goudzward, Appellant.
    Supreme Court, Appellate Term, Second Department,
    October 15, 1973.
    
      Sylvia E. Kelman for appellant. Zimmer, Fischbach, Hertan $ Haberman {Stephen B. Hamburg of counsel), for respondent.
   Memorandum. Final judgment affirmed, without costs.

While we disagree with the bolding of the trial court that the grievances complained of by tenant must exist at the time the summary proceeding is commenced in order to establish a retaliatory eviction, nevertheless we are of the opinion that tenant failed to establish the defense-by clear and convincing proof.

Concur — Hogan, IP. J., Pittoni and McCullough, JJ.  