Bendes v. Albert

opinion of the court

Richard S. Lane, J.

Motion and cross motion raise once more the scope of section 226-b of the Real Property Law. Also mooted is the issue of whether immediate family includes a sister.

Pertinent provisions of the apartment lease between plaintiff and defendant (hereinafter Tenant and Landlord, respectively) are as follows: (a) Paragraph No. 2 limits occupancy to “Tenant and the immediate family of Tenant”; (b) Paragraph No. 18 precludes assignment or subletting by Tenant without Landlord’s prior written consent “except as provided by Section 226(b) of the Real Property Law…