Opinion
December 24, 1981
Appeal from the Civil Court of the City of New York, Queens County, HERBERT A. POSNER, J.
Ralph H. Wiener for appellant.
Sydney Hyman Associates, P.C. ( Barbara M. Mandelowitz of counsel), for Maxine Paris, respondent.
MEMORANDUM.
Final judgment unanimously reversed, with $30 costs, petition reinstated and final judgment directed to be entered in favor of petitioner. Issuance of the warrant is stayed pending further order of this court on condition that tenant's parents vacate the premises within 60 days after the date of the order hereon.
This proceeding was brought to recover possession of premises on the ground that tenant permitted her parents to occupy her apartment along with herself, thereby substantially violating the terms of the lease. The lease limited occupancy to tenant's "immediate family" which was specifically defined as the "parties above mentioned". Those parties included tenant, tenant's unmarried children, and children as yet unborn "and not otherwise" (emphasis supplied). In view of this clear and unambiguous clause, it is clear that the occupancy by tenant's parents violated the terms of the lease which must be accorded their plain meaning (see Martin v Glenzan Assoc., 75 A.D.2d 660). We are also of the opinion that the violation is substantial in nature (cf. Fraydun Enterprises v Ettinger, 91 Misc.2d 119; Mideast Holding Corp. v Tow, 60 Misc.2d 422).
PINO, P.J., BUSCHMANN and JONES, JJ., concur.