O'Neill v. Derderian

In a prior summary proceeding instituted by the landlord against the tenant for non-payment of rent under a certain lease assigned to the tenant, Mr. Justice Lewis held that by reason of the provision contained in section 82 of the Multiple Dwelling Law (added by Laws of 1929, chap. 713), prohibiting the use of the premises involved herein as a rooming or lodging house, “ the use provided by the lease is an unlawful undertaking and as such is void, hence unenforcible.” The petition was thereupon dismissed, without prejudice, the court observing that “ while the landlord has a right to…