Apartment Rented to Jesuit Province

Facts:In 1969, a Jesuit province rented a number of apartments in landlord's building for priests in its West Side subdivision. The lease was between prior landlord and the province and didn't specify individual apartment occupants. In 1988, prior landlord sued to evict the province for nonprimary residence. The province claimed that it was entitled to a rent-stabilized renewal lease. The court ruled against landlord. Landlord appealed but then settled the case by giving the province a renewal lease. The province, in turn, gave landlord a list of individual apartment occupants. In 1998, new landlord sued to evict the province for nonprimary residence. New landlord relied on a recent appeals court case, which ruled that a corporate tenant wasn't entitled to a rent-stabilized renewal lease unless the lease listed a particular individual as the apartment occupant. Landlord claimed that no trial was needed. The court and appeals court ruled against landlord, and landlord appealed. Court:Landlord loses. The occupant list received by prior landlord had the same effect as a lease clause listing individual apartment occupants. The case was sent back for trial on whether the 16 apartments in question were, in fact, occupied by the individuals listed in the prior settlement agreement.

220 W. 98 Realty, LLC v. NY Province of the Society of Jesus: NYLJ, 2/5/02, p. 17, col. 3 (App. Div.1 Dept.; Nardelli, JP, Andrias, Buckley, Marlow, JJ)