Guaranty Trust Co. v. Nelson

In this proceeding for dispossession of tenant and undertenants on the ground that the demised premises in a class A fireproof multiple dwelling are being used illegally for single-room occupancy and do not conform with section 248 of the Multiple Dwelling Law, no notice of violation of that section was served by the department of housing and buildings.

For over three years after the expiration of the written lease the tenant continued in possession as a monthly tenant, landlord after the end of each monthly period with knowledge of the alleged illegal use renewing the tenancy. In the…