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IRWEIS HOLDING CORP. v. GLENN

2 Misc.2d 804 (1956)

Irweis Holding Corp., Landlord, Appellant, v. John W. Glenn et al., Tenants, Respondents.

Supreme Court, Appellate Term, First Department.

May 24, 1956.

Attorney(s) appearing for the Case

Sidney Weisner for appellant.

No appearance for respondents.

HOFSTADTER, EDER and TILZER, JJ., concur.

Per Curiam.

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

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