Landlord Gets Use and Occupancy

May 31, 1993

LVT Number: 7024

Tenant sued landlord, claiming that she was entitled to a rent-stabilized renewal lease on behalf of her minor children. The trial court ruled for tenant, but the appeals court reversed. The court also found that landlord was entitled to use and occupancy for the period during which the case was pending. Although it wasn't possible to determine the amount due at the start of the proceedings, the amount could be determined at some point during the appeal process.

Tenant sued landlord, claiming that she was entitled to a rent-stabilized renewal lease on behalf of her minor children. The trial court ruled for tenant, but the appeals court reversed. The court also found that landlord was entitled to use and occupancy for the period during which the case was pending. Although it wasn't possible to determine the amount due at the start of the proceedings, the amount could be determined at some point during the appeal process.

Quiala v. Laufer: NYLJ, p. 22, col. 6 (5/13/93) (App. Div. 1 Dept.; Milonas, JP, Rosenberger, Wallach, Ross, JJ)

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