Subtenants Can't Claim Landlord Collected Overcharge from Tenant
LVT Number: 12173
Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. Subtenants did appear and claimed that landlord overcharged tenant. Landlord asked the court to dismiss subtenants' claims without a trial. The court ruled against landlord, and landlord appealed and won. Subtenants couldn't make a claim that tenant was overcharged since they had no rental agreement with landlord and didn't pay him rent.
Haberman v. Kunken: NYLJ, p. 25, col. 2 (2/24/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)