Landlord Gets Judgment for $31,000 of Unpaid Rent

April 1, 1995

LVT Number: 9597

Facts: When landlord's building was undergoing cooperative conversion in 1984, landlord discovered that rent-stabilized tenant had been subletting his apartment. Landlord claimed that tenancy was illusory and refused to sell apartment shares to tenant at insider price. A court ruled that tenant was bona fide and entitled to buy the apartment. Landlord then sued tenant to recover the maintenance charges or rent that landlord had to pay to the cooperative corporation while the case was pending. Tenant claimed landlord wasn't entitled to collect this money.

Facts: When landlord's building was undergoing cooperative conversion in 1984, landlord discovered that rent-stabilized tenant had been subletting his apartment. Landlord claimed that tenancy was illusory and refused to sell apartment shares to tenant at insider price. A court ruled that tenant was bona fide and entitled to buy the apartment. Landlord then sued tenant to recover the maintenance charges or rent that landlord had to pay to the cooperative corporation while the case was pending. Tenant claimed landlord wasn't entitled to collect this money.

50 Plaza Co. v. Novack: NYLJ, p. 29, col. 1 (3/22/95) (Sup. Ct. Kings; Kramer, J)

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