1890 Adam Clayton Powell LLC v. Penant

OPINION OF THE COURT

Final judgment, entered May 13, 2015, affirmed, with $25 costs.

In sustaining the possessory judgment awarded to landlord on the holdover petition, we reject tenant’s specific argument that landlord failed to establish that the apartment’s occupants were not permitted residents pursuant to Real Property Law § 235-f. The trial evidence showed, and it was essentially undisputed, that three unrelated roommates resided with tenant in the subject four-bedroom apartment, in violation of the lease provision limiting occupancy to “tenant or tenants named above and by the immediate…