No Illusory Tenancy

June 30, 1997

LVT Number: 11625

Landlord sued to evict Mitchell-Lama co-op tenant for illegal subletting. The trial court ruled for landlord, and subtenant appealed. Among other things, subtenant claimed that there was illusory tenancy. The appeals court ruled against subtenant. Tenant, who was subtenant's brother, had lived in the apartment for many years before moving out and letting his brother move in.

Landlord sued to evict Mitchell-Lama co-op tenant for illegal subletting. The trial court ruled for landlord, and subtenant appealed. Among other things, subtenant claimed that there was illusory tenancy. The appeals court ruled against subtenant. Tenant, who was subtenant's brother, had lived in the apartment for many years before moving out and letting his brother move in.

Yorkville Towers Assocs. v. Mourino: NYLJ, p. 29, col. 3 (6/9/97) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)

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