No Illusory Tenancy

Landlord sued to evict occupant of rent-stabilized apartment after tenant moved out. Occupant claimed an illusory tenancy by prime tenant. The court ruled for occupant and dismissed the case. Landlord appealed and won. Occupant paid tenant $3,000 to take over the apartment. Occupant then paid rent by money order for three months under tenant's name to hide the fact that he had moved in. Landlord then stopped accepting the money orders. While occupant need not prove collusion by landlord to claim illusory tenancy, there should at least be a showing that landlord knew or should have known of the occupancy. That wasn't the case here.

Vesky v. Antunez: NYLJ, 4/10/02, p. 18, col. 2 (App. T.1 Dept.; Davis, JP, Gangel-Jacob, Suarez, JJ)