Loft Tenants Can't Partition Loft

Residential loft tenant sued co-tenant for partition of loft. While the case was pending, tenant asked the court to direct co-tenant to pay his portion of past-due rent as well as one-half of ongoing monthly rent. In a prior Loft Board proceeding, both had been declared tenants of the loft unit. Tenant also had previously obtained an order of protection against co-tenant, who claimed that tenant's allegations of assault were false and resulted in his ouster from the art studio in the loft. Co-tenant claimed that he lost income as a result. A nonpayment eviction proceeding commenced by landlord in housing court was consolidated with tenant's case against co-tenant. Co-tenant paid the outstanding arrears and was found guilty in criminal court of harassing tenant. Landlord asked the court to dismiss the partition claim. The court ruled for tenant.  Tenant and co-tenant had a quasi-contract requiring each to pay one half of the loft rent. So co-tenant must pay ongoing monthly rent. And tenants weren't entitled to physically divide the loft since they didn't own it. 

Stellweg v. Welch: Index No. 105398/11, NYLJ No. 1202635012708 (Sup. Ct. NY; 12/13/13; Singh, J)