Devonshire Associates v. Garrett

Memorandum Although these proceedings are brought on the theory that the tenants hold over after the expiration of their terms there is neither pleading nor proof authorizing service of the thirty-day notice terminating the tenancies upon a limitation of the term.

Further, as to the charge of single-room occupancy in violation of sections 82 and 248 of the Multiple Dwelling Law the evidence establishes that the prior owner permitted the occupancy of the apartments by roomers and thus expressly waived the covenant of the leases that the premises be occupied “ osa strictly private family…