Legal Opinion

Barrett Japaning, Inc. v. Bialobroda

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 2009PublishedCited by 2 opinions

1Opinion of the Court

*475Regardless of whether or not the building is covered by the Multiple Dwelling Law, the so-called roommate law (Real Property Law § 235-f [3]) permits only one occupant in the subject apartment in addition to the lawful tenant and family. While this statute was not intended to provide a remedy for landlords (see Capital Holding Co. v Stavrolakes, 242 AD2d 240, 243 [1997], affd 92 NY2d 1009 [1998]), the landlord may enforce a lease clause where, as here, it is consistent with the statute (see Roxborough Apts. Corp. v Becker, 296 AD2d 358 [2002]). There was no evidence that Bialobroda and her…

2Cases cited3 opinions

  1. Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
  2. Burke v. CrossonNew York Court of Appeals · 1995
  3. Roxborough Apartments Corp. v. BeckerAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by2 opinions

  1. Siegmund Strauss, Inc. v. East 149th Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Lenox Hill Hospital v. 305/72 Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2011

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