Landlord Gets Market Value Use and Occupancy

April 30, 2002

LVT Number: 15829

Landlord sued to evict tenant. The court ruled for landlord, and landlord sought use and occupancy at market value for the entire time tenant remained in the apartment after the lease had expired. The court ruled against landlord. Landlord appealed and won. Landlord was entitled to collect use and occupancy at market value for the period after the lease expired during which tenant remained in the apartment.

Landlord sued to evict tenant. The court ruled for landlord, and landlord sought use and occupancy at market value for the entire time tenant remained in the apartment after the lease had expired. The court ruled against landlord. Landlord appealed and won. Landlord was entitled to collect use and occupancy at market value for the period after the lease expired during which tenant remained in the apartment.

Phillips v. Cohen: NYLJ, 4/10/02, p. 22, col. 4 (App. T.2 Dept.; Floyd, PJ, Doyle, Winick, JJ)

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