Majority
p. 65Hersil Realty Mgt. Co. Inc., Landlord, Respondent, v. Louise Hansen, Tenant, Appellant, and “ John ” Langdon, Undertenant. Supreme Court, Appellate Term, First Department, November 3, 1955.
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 occu
p. 66
pancy 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.