Chris-Mac Co. v. Johnpoll

OPINION OF THE COURT

Order entered August 16, 1985 reversed, with $10 costs, and tenant’s motion to dismiss the petition is denied.

The tenant herein is presently incarcerated, and the landlord seeks to evict him on the ground that there has been a subletting and/or assignment to another without consent. *598Civil Court granted tenant’s preanswer dismissal motion, concluding that the person currently in possession of the apartment premises, one Martin McDonough, is a permitted additional occupant under Real Property Law § 235-f (the roommate law). We disagree. It is undisputed on this record that…