Co-op Corporation's Refusal Doesn't Void Sublease

September 30, 1995

LVT Number: 10076

(Decision submitted by David E. Frazer of the Manhattan law firm of Smollens Guralnick & Frazer, attorneys for the subtenant.) Landlord cooperative tenant sued to evict subtenant after serving a 30-day notice. Landlord claimed subtenant was a ``tenant at will.'' Subtenant claimed he had a written sublease. Landlord claimed that the sublease wasn't binding because the cooperative corporation objected to the sublet. The court ruled for subtenant and dismissed the petition.

(Decision submitted by David E. Frazer of the Manhattan law firm of Smollens Guralnick & Frazer, attorneys for the subtenant.) Landlord cooperative tenant sued to evict subtenant after serving a 30-day notice. Landlord claimed subtenant was a ``tenant at will.'' Subtenant claimed he had a written sublease. Landlord claimed that the sublease wasn't binding because the cooperative corporation objected to the sublet. The court ruled for subtenant and dismissed the petition. The signing of a three-year sublease, along with the fact that subtenant moved and paid rent, makes the sublease valid. And the lease doesn't state that it's subject to the co-op's approval.

Evans v. Brettholz: NYLJ, p. 26, col. 3 (6/7/95) (Civ. Ct. NY; Bransten, J) [4-page document]

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