Copy Shop Used as Residence

February 1, 1999

LVT Number: 12944

Landlord sued to evict commercial tenant for using storefront premises as a residence. The court ruled against landlord, and landlord appealed. The appeals court twice ruled against landlord. Tenant proved at trial that, despite the commercial lease, landlord knew of or had condoned tenant's residential use of the storefront. The space was equipped for residential use, tenant had been living there for some time, and landlord had crossed out the phrase ''and for no other purpose'' from the lease clause limiting use of the space to a copy shop.

Landlord sued to evict commercial tenant for using storefront premises as a residence. The court ruled against landlord, and landlord appealed. The appeals court twice ruled against landlord. Tenant proved at trial that, despite the commercial lease, landlord knew of or had condoned tenant's residential use of the storefront. The space was equipped for residential use, tenant had been living there for some time, and landlord had crossed out the phrase ''and for no other purpose'' from the lease clause limiting use of the space to a copy shop.

U.B.O. Realty Corp. v. Mollica: NYLJ, p. 26, col. 5 (1/21/99) (App. Div. 1 Dept.; Sullivan, JP, Lerner, Rubin, Tom, JJ)

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