Mitchell Gardens No. 1 Cooperative Corp. v. Cataldo

OPINION OF THE COURT

Bernard S. Greenbaum, J.

Petitioner commenced this summary holdover proceeding claiming a substantial violation of the occupancy agreement, in that the respondents, who are now divorced, have vacated the premises and only Eileen Sheridan, the stepdaughter of respondent Sheila Sheridan (formerly Sheila Cataldo), occupies the apartment.

Respondent Sheila Sheridan now moves: (1) for summary judgment dismissing the petition on the ground that a lease clause limiting occupancy in the apartment to the tenant and the tenant’s immediate family is void and unenforceable under Real…