Interim Use and Occupancy Awarded

(Decision submitted by Gerald Shapiro of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict tenant for nonprimary residence. Landlord asked the court to award interim use and occupancy for the period that the case was pending. The court ruled for landlord, and tenant appealed, claiming that the court improperly awarded landlord use and occupancy in an amount higher than the rent stated in tenant's lease and without considering the merits of landlord's case. The appeals court ruled against tenant. The DHCR had ruled that tenant's apartment was deregulated when tenant's last lease expired. Tenant also hadn't appeared at a court hearing on the issue of the amount of the interim use and occupancy. Landlord had believably testified at the hearing as to the rental value of other apartments in the building.

Rose Assocs. v. Johnson: 668 NYS2d 592 (2/5/98) (App. Div. 1 Dept.; Milonas, JP, Rosenberger, Ellerin, Tom, JJ)