Tenant Can't Return to Apartment He Vacated

September 30, 1993

LVT Number: 8205

Landlord sued to evict rent-stabilized tenant for illegal sublet or assignment. The trial court ruled for landlord, and tenant appealed. Tenant wanted to move back into the apartment. But tenant had moved out of the apartment, assigned it to his nephew, and moved into a cooperative apartment that he owned. The court found no reason under the rent stabilization law or Real Property Actions and Proceedings Law section 753(4) to let tenant return to an apartment he'd vacated. Tenant's appeal was dismissed.

Landlord sued to evict rent-stabilized tenant for illegal sublet or assignment. The trial court ruled for landlord, and tenant appealed. Tenant wanted to move back into the apartment. But tenant had moved out of the apartment, assigned it to his nephew, and moved into a cooperative apartment that he owned. The court found no reason under the rent stabilization law or Real Property Actions and Proceedings Law section 753(4) to let tenant return to an apartment he'd vacated. Tenant's appeal was dismissed.

Estate of Melohn v. Collins: NYLJ, p. 22, col. 4 (9/20/93) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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