Irweis Holding Corp. v. Glenn

The proof indisputably indicated a violation of the express terms of the lease, projected into the statutory tenancy, of use by “ tenant’s immediate family only” and against occupancy ‘‘ in whole or in part by any other person ’’ or “ by parties other than as aforesaid ’’. Even if tenants ’ evidence were accepted, a third cousin is obviously not a member of one’s immediate family. Sufficient notice and adequate time *805were given to terminate the prohibited occupancy, but tenants refused to correct the situation on the ground that they had a right to help this “ third cousin ” temporarily until…