Landlord Didn't Prove Tenants Were Illegally Subletting

Landlord sued to evict tenants, husband and wife, for illegally subletting their apartment. Tenants claimed that the case was groundless. They stated that they had someone stay at their apartment temporarily for four weeks but that the person had left. The person was not the individual named in landlord's cure notice and court papers as the illegal subtenant. The court ruled for tenants and dismissed the case. Landlord offered no sworn statement from any person with knowledge that tenants didn't live in the apartment and had illegally sublet. Landlord submitted no proof as to who the claimed illegal subtenant was or how it learned of that person's identity. Landlord also had no contrary proof to tenants' claim that they had cured any possible illegal sublet before landlord started the court case.

King Enterprises Ltd. v. Petty: NYLJ, 10/8/03, p. 20, col. 1 (Civ. Ct. NY; Alpert, J)