ROSSINSKI REALTY CO., INC. v. FARRELL


135 A.D.2d 465 (1987)

Rossinski Realty Co., Inc., Respondent-Appellant, v. Gregory Farrell et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 17, 1987


In 1970, landlord and Mr. and Mrs. Farrell (Farrells), as tenants, executed a one-year commercial lease for the subject loft premises, which is apartment 2, located in 107 West 26th Street, New York County. Although this lease contained a provision which prohibited these tenants from using the premises as a residence, the landlord was aware that the Farrells intended to reside therein.

Another provision of this one-year...

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