King v. Menachem

opinion of the court

Pino, P. J.

The issue presented on this appeal is whether an individual, residing in demised accommodations for the principal purpose of rendering necessary health services to the tenant is deemed an “occupant” in violation of the terms of the tenancy.

Petitioner commenced this holdover proceeding to recover possession of tenant’s apartment on the alleged ground that tenant had violated a substantial obligation of his tenancy by permitting occupancy of the apartment by one other than a member of his immediate family. The parties submitted the case to the trial court on an…