Subtenant Becomes Tenant

May 31, 2001

LVT Number: 15049

(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein McConnell Gribben & Donoghue, attorneys for the landlord.) Landlord sued to evict apartment occupant, claiming that she was a licensee whose license was over now that tenant had moved out. Occupant claimed that she was subtenant and that there was an illusory prime tenancy. The court ruled for occupant. Tenant had moved out of the apartment about two years earlier and overcharged subtenant. Landlord knew about the situation. Subtenant of illusory prime tenant was entitled to become tenant.

(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein McConnell Gribben & Donoghue, attorneys for the landlord.) Landlord sued to evict apartment occupant, claiming that she was a licensee whose license was over now that tenant had moved out. Occupant claimed that she was subtenant and that there was an illusory prime tenancy. The court ruled for occupant. Tenant had moved out of the apartment about two years earlier and overcharged subtenant. Landlord knew about the situation. Subtenant of illusory prime tenant was entitled to become tenant.

Skeeter v. Clark: NYLJ, 5/23/01, p. 22, col. 3 (Civ. Ct. NY; Schachner, J)

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