¶1The landlord appeals from a final order in favor of tenant and dismissing the landlord’s proceeding on the merits.
¶2The tenant occupied the’ premises under a monthly tenancy. The premises consisted of a store in front and four living rooms with bath in the rear, the living rooms having a separate entrance as well as an entrance into the store.
¶3The living rooms were occupied by tenant’s family for dwelling purposes and at times the tenant slept in the store.
¶4The proceeding was brought against the tenant as a holdover, the tenant contending that the provisions of the housing laws protected him in the possession of the entire premises in view of the fact that the letting was a single one at a single and entire rental.
¶5While at common law a lease of a combined store and dwelling was not divisible, the weight of authority is that the contrary is the rule under the recent rent laws. Rockaway Point Co., Inc., v. Friberg, 198 App. Div. 923; Bavendam v. Levinson, 116 Misc. Rep. 135, 137-140; Kornbluth v. Brand, 117 id. 298; Bard v. Fried, N. Y. L. J. July 2, 1921.
¶6Final order reversed, with thirty dollars costs, and final order directed awarding to the landlord possession of the store, with costs.
¶7Erlanger and Wasservogel, JJ., concur.
¶8Order reversed.