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REALTY ASSOCS. v. BAUSCH

17 Misc.2d 874 (1959)

Realty Associates, Ltd., Respondent, v. William Bausch, Appellant.

Supreme Court, Appellate Term, First Department.

May 7, 1959.

Attorney(s) appearing for the Case

Philip T. Lombardo for appellant.

Louis Fine for respondent.

Concur — HOFSTADTER, J. P., STEUER and TILZER, JJ.

Per Curiam.

Single-room occupancy in excess of two persons is not forbidden in a building subject to section 248 of the Multiple Dwelling Law, provided that the rooms conform to the requirements of the section. In order to procure an eviction it is incumbent on the landlord to show that they do not (Shapiro v. Collins, 6 A.D.2d 1038, revg. 12 Misc.2d 71).

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