BARRETT JAPANING INC v. Sebastien Klotz, et al., Defendants. (2009)

Judgment, Supreme Court, New York County (Marylin G. Diamond, J.), entered June 6, 2008, to the extent appealed from, enjoining defendant Bialobroda from having persons unrelated to her (other than one roommate) occupy the fifth floor apartment and directing all but one of the co-residents to vacate the premises, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered March 27, 2008, to the extent that order granted plaintiff's motion for summary injunctive relief, unanimously dismissed, without costs, as subsumed in appeal from judgment. Appeal from order, same court and Justice, entered October 30, 2006, to the extent it dismissed Bialobroda's seventh and eight counterclaims, unanimously dismissed, without costs, as untimely taken.

Regardless of whether or not the building is covered by the Multiple Dwelling Law, the so-called roommate law (Real Property Law § 235-f [3] ) permits only one occupant in the subject apartment in addition to the lawful tenant and family. While this statute was not intended to provide a remedy for landlords (see Capital Holding Co. v. Stravrolakes, 242 A.D.2d 240, 243 [1997], affd 92 N.Y.2d 1009 [1998] ), the landlord may enforce a lease clause where, as here, it is consistent with the statute (see Roxborough Apts. Corp. v. Becker, 296 A.D.2d 358 [2002] ). There was no evidence that Bialobroda and her roommates constituted a nontraditional “family” with a long-term relationship, and characterized by emotional and financial commitment and interdependence (see Braschi v. Stahl Assoc. Co., 74 N.Y.2d 201, 211 [1989] ).

Bialobroda's appeal from the 2008 judgment does not bring up for review the 2006 order, since she seeks to challenge only so much of that order as dismissed her seventh and eighth counterclaims. An appeal from a judgment encompasses any nonfinal determination that necessarily affects the judgment (CPLR 5501[a][1]; see Siegel, N.Y. Prac § 530, at 910 [4th ed]; 12 Weinstein-Korn-Miller, N.Y. Civ Prac ¶ 5501.03 [2d ed] ). The judgment dealt solely with Bialobroda's roommate claims, and was not affected by the 2006 ruling dismissing-with finality (see Burke v. Crosson, 85 N.Y.2d 10, 16 [1995] )-her counterclaims for breach of warranty of habitability and discrimination.