Opinion
May 7, 1959
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, HERMAN C. STOUTE, J.
Philip T. Lombardo for appellant.
Louis Fine for respondent.
Single-room occupancy in excess of two persons is not forbidden in a building subject to section 248 Mult. Dwell. of the Multiple Dwelling Law, provided that the rooms conform to the requirements of the section. In order to procure an eviction it is incumbent on the landlord to show that they do not ( Shapiro v. Collins, 6 A.D.2d 1038, revg. 12 Misc.2d 71).
The final order should be reversed and a new trial ordered, with $30 costs to tenant to abide the event.
Concur — HOFSTADTER, J.P., STEUER and TILZER, JJ.
Final order reversed, etc.