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ONE-TWO E. 87TH ST. CORP. v. REES

35 Misc.2d 158 (1962)

One-Two East 87th St. Corp., Appellant, v. Electa P. Rees, Respondent.

Supreme Court, Appellate Term, First Department.

June 28, 1962

Attorney(s) appearing for the Case

Lawrence D. Unger and Sylvia Weber for appellant.

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

Per Curiam.

The proof clearly establishes a violation of the express terms of the lease, projected into the statutory tenancy. The mere fact that tenant's friend paid her no rent for the occupancy does not affect the fact that such use of the apartment, without landlord's consent, violates the lease (Irweis Holding Corp. v. Glenn, 2 Misc.2d 804; 320 E. 57th St. Corp...

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