Landlord Can Recover One of Tenant's Apartments

March 1, 1994

LVT Number: 8597

Landlord sued to evict tenant, to recover an apartment for owner occupancy. The trial court ruled for landlord, and tenant appealed. Tenant pointed out that he rented two apartments in the same building from landlord. The apartments weren't adjacent, but tenant occupied them both---arguably as one unit. Tenant argued that landlord shouldn't be allowed to take one of the apartments from him. The appeals court ruled against tenant. Even if tenant's two apartments were viewed as one unit, landlord wasn't required to seek both apartments.

Landlord sued to evict tenant, to recover an apartment for owner occupancy. The trial court ruled for landlord, and tenant appealed. Tenant pointed out that he rented two apartments in the same building from landlord. The apartments weren't adjacent, but tenant occupied them both---arguably as one unit. Tenant argued that landlord shouldn't be allowed to take one of the apartments from him. The appeals court ruled against tenant. Even if tenant's two apartments were viewed as one unit, landlord wasn't required to seek both apartments. Tenant's apartments were under separate leases with different expiration dates. The law states that landlord can recover ``one or more dwelling units'' for owner occupancy.

Leshinsky v. Lawson: NYLJ, p. 30, col. 6 (2/24/94) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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