BENDES v. ALBERT


108 Misc.2d 955 (1981)

Barry J. Bendes, Plaintiff, v. Richard Albert, Defendant.

Supreme Court, Special Term, New York County.

May 19, 1981


Attorney(s) appearing for the Case

Wofsey, Certilman, Haft & Lebow (Barry Bendes of counsel), for plaintiff. Milton Horing and Niles C. Welikson for defendant.


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...

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