Fraydun Enterprises v. Ettinger

Final judgment entered December 14, 1976 (Lane, J.) reversed, without costs, and final judgment directed in favor of landlord as prayed for in the petition, with costs, subject, however, to the following:

Provided undertenant either permanently removes from the premises, or becomes a member of tenant’s immediate family, within 60 days after service of a copy of the order entered hereon with notice of entry, issuance of the warrant is stayed until the further order of this court.

The tenant breached a substantial obligation of the tenancy by permitting undertenant, a person other than a member…