Roxborough Apartments Corp. v. Becker

OPINION OF THE COURT

Order dated September 3, 1999 reversed, with $10 costs, and *605tenant’s motion to dismiss the holdover petition is denied.

Civil Court erred in dismissing the holdover petition for failure to state a cause of action. The proceeding is premised upon tenant’s breach of the following lease provision:

“You shall use the apartment for living purposes only. The apartment may be occupied by the tenant or tenants named above and by the immediate family of the tenant or tenants and by occupants as defined in and only in accordance with Real Property Law §235-f.”

Tenant admits that three…