420 E. 80TH CO. v. CHIN


115 Misc.2d 195 (1982)

420 East 80th Company, Respondent, v. Frederick Chin, Appellant, and "John" Harlow, Respondent.

Supreme Court, Appellate Term, First Department.

August 10, 1982


Attorney(s) appearing for the Case

Robert A. Roth for appellant. Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Burton R. Ross of counsel), for respondent.

RICCOBONO and ASCH, JJ., concur in Per Curiam opinion; HUGHES, J. P., dissents in a separate memorandum.


Per Curiam.

Final judgment entered April 28, 1981 reversed, with $30 costs, and final judgment directed in favor of tenant dismissing the petition.

This holdover proceeding was submitted on stipulated facts. Appellant Frederick Chin is a rent-stabilized tenant having entered into possession of his apartment premises in August, 1976 under a printed lease which contained a standard clause limiting occupancy "to the tenant and immediate family of tenant...

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