Opinion
April 18, 1949.
Order of the Appellate Term, affirming the final order of the Municipal Court of the City of New York, Borough of Brooklyn, in a holdover proceeding, awarding possession of appellant's apartment to respondents, together with that final order of the Municipal Court, reversed on the law and the facts, with costs, and the petition for such final order dismissed, with costs. With the landlords (respondents) living in the multiple dwelling, section 83 Mult. Dwell. of the Multiple Dwelling Law does not require that a janitor or superintendent shall live in the premises; and without such requirement a tenant may not be removed from possession to afford living accommodations for an employee of the landlord. ( Lisella v. Marrano, 273 App. Div. 405.) Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ., concur.