Occupants Were Tenants' Assignees

July 31, 1996

LVT Number: 10818

Landlord sued to evict apartment occupants, claiming that they were either squatters or licensees. The court ruled for landlord, and occupants appealed. The appeals court ruled for occupants and dismissed the case. Occupants weren't squatters because they entered into possession of the apartment under an agreement with tenants. Occupants weren't licensees whose license had been terminated, because landlord's couldn't terminate a license between tenants and occupants. Occupants claimed that they were tenants' assignees.

Landlord sued to evict apartment occupants, claiming that they were either squatters or licensees. The court ruled for landlord, and occupants appealed. The appeals court ruled for occupants and dismissed the case. Occupants weren't squatters because they entered into possession of the apartment under an agreement with tenants. Occupants weren't licensees whose license had been terminated, because landlord's couldn't terminate a license between tenants and occupants. Occupants claimed that they were tenants' assignees. They had been assigned the apartment in violation of tenants' lease and without landlord's consent. To proceed for eviction, landlord must commence an action for illegal assignment.

Prospect International (NY) Corp. v. Cavallaro: NYLJ, p. 29, col. 6 (7/9/96) (DiPaola, PJ, Collins, Ingrassia, JJ)

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