Landlord Didn't Win Illegal Sublet Case

September 30, 1998

LVT Number: 12647

Landlord sued to evict tenant for illegally subletting her apartment. Landlord and tenant settled the case, and tenant agreed that her ''roommate'' would move out. Landlord then asked the court for attorney's fees. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord, finding that landlord didn't win the case. Tenant never admitted that her roommate was a subtenant. And in the settlement agreement signed by both sides in court, tenant specifically reserved the right to assert a defense that the claimed subtenant was only a roommate.

Landlord sued to evict tenant for illegally subletting her apartment. Landlord and tenant settled the case, and tenant agreed that her ''roommate'' would move out. Landlord then asked the court for attorney's fees. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord, finding that landlord didn't win the case. Tenant never admitted that her roommate was a subtenant. And in the settlement agreement signed by both sides in court, tenant specifically reserved the right to assert a defense that the claimed subtenant was only a roommate.

Rossmill Assocs. v. Cane: NYLJ, p. 21, col. 2 (9/23/98) (App. T. 1 Dept.; McCooe, JP, Davis, Gonzalez, JJ)

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