Mohr v. Gomez

I respectfully dissent. The issue is whether a tenant who moves from one apartment to another apartment in the same premises to act as superintendent becomes an employee only subject to removal when his employment is terminated or does the landlord-tenant relationship survive.

This court summarized the applicable law in Gottlieb v Adames (NYLJ, Sept. 23, 1994, at 21, col 2):

“A superintendent who occupies an apartment as an incident of employment must vacate the living quarters upon termination of the employment, (e.g. Williams v. Casiano, N.Y.L.J. June 15, 1993 at 21 col 2 [App. Term, 1st…