Sherbal v. Epstein

Irrespective of whether or not the landlord was responsible for the violation by causing the premises to be occupied by three families for dwelling purposes, when authorized for occupancy by two families, these summary proceedings brought seeking the eviction of one family in order to cure the violation thereby, must fail in view of the tenant’s lease with an unexpired term.

In the opinion of the court, the violation in and of itself does not invalidate the lease. Section 231 of the Eeal Property Law provides that a lease is void where the lessee or occupant of a building or premises shall use…