Opinion
November 3, 1955
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, MELTZER, J.
Frank J. Ricca for appellant.
Florea Stern for respondent.
This proceeding to evict the tenant as a holdover upon the ground that she was violating a substantial obligation of the lease because the apartment in question was occupied by her common-law husband and a young child born of their relationship was instituted after the Rent Commission had reduced the rent reserved in the lease from $60 to $32.20, the maximum fixed basic rental. The lease restricted the occupancy to the tenant and an adult son. The fact that the common-law husband and the other child also lived there does not constitute a substantial violation of the restrictive clause. There was no proof of any subletting to any outside boarders or lodgers.
The final order should be reversed, with $30 costs, and petition dismissed, with costs.
EDER, SCHREIBER and HECHT, JJ., concur.
Final order reversed, etc.