Landlord Didn't Prove Tenants Ran Illegal Hotel Through Airbnb Sublets

Landlord sued four tenants, claiming that their illegal rental of their apartments through Airbnb caused landlord to receive DOB violation notices. One tenant failed to respond and landlord asked the court for a default judgment, along with attorney's fees. The court ruled against landlord. Landlord failed to show that any of the tenants violated their leases. While landlord showed that three of the four tenants rented their units, and DOB issued violation notices for the building, landlord didn't show tenants ran an illegal hotel in their apartments that caused the DOB to issue the violations. 

W. End Estates LLC v. Gemignani: 2020 Y Slip Op 31777(U), NYLJ No. 1592185174 (Sup. Ct. NY; 6/4/20; Kotler, J)