Former Landlord, Now Tenant, Seeks Option to Lease Other Apartment

March 31, 2011

LVT Number: #23317

Landlord sued tenants, who were former landlords of the apartment building, and their adult children, seeking a ruling that certain options in tenants' leases were unenforceable. Tenants opposed and asked the court for an injunction to stop landlord from altering or transferring vacant apartments that were the subject of the case. The court ruled for tenants. Landlord appealed and lost. Tenants were entitled to the injunction pending the outcome of the case. The lower court was likely to find that tenants were entitled to take over the apartments in question.

Landlord sued tenants, who were former landlords of the apartment building, and their adult children, seeking a ruling that certain options in tenants' leases were unenforceable. Tenants opposed and asked the court for an injunction to stop landlord from altering or transferring vacant apartments that were the subject of the case. The court ruled for tenants. Landlord appealed and lost. Tenants were entitled to the injunction pending the outcome of the case. The lower court was likely to find that tenants were entitled to take over the apartments in question. They structured the sale of the building so that they could remain as a family with their children at below-market rents.

Stellar Sutton LLC v. Dushey: 2011 NY Slip Op 01713, 2011 WL 781609 (App. Div. 1 Dept.; 3/8/11; Andrias, JP, Catterson, Moskowitz, Abdus-Salaam, Roman, JJ)

Topics

More like this