Haberman v. Gotbaum

OPINION OF THE COURT

Doris Ling-Cohan, J.

Before the court is the novel issue of whether an artist can *268be evicted because he creates art work in his apartment. This holdover proceeding is predicated on petitioner landlord’s (petitioner) claim that respondent tenant (respondent) has breached his lease in that he is occupying the subject apartment as “an artist’s studio and maintaining and operating a nonresidential and commercial use in the apartment”. (See, notice to cure.) Essentially, the petitioner claims that the respondent is occupying the apartment for commercial and nonresidential use…