Tenant Corrected Illegal Sublet

May 31, 2002

LVT Number: 15892

Landlord sued to evict tenant for illegally subletting his apartment. The court ruled for landlord after a trial and permitted issuance of an eviction warrant. Tenant asked the court to permanently delay the eviction warrant. The court ruled against tenant. Tenant appealed and won. The trial court correctly found that there was sufficient proof of an illegal sublet. But tenant showed that he'd corrected the illegal sublet before the trial. So landlord was entitled to a judgment of possession, but tenant was entitled to a permanent delay of execution of the eviction warrant.

Landlord sued to evict tenant for illegally subletting his apartment. The court ruled for landlord after a trial and permitted issuance of an eviction warrant. Tenant asked the court to permanently delay the eviction warrant. The court ruled against tenant. Tenant appealed and won. The trial court correctly found that there was sufficient proof of an illegal sublet. But tenant showed that he'd corrected the illegal sublet before the trial. So landlord was entitled to a judgment of possession, but tenant was entitled to a permanent delay of execution of the eviction warrant.

151-155 Atlantic Ave., Inc. v. Pendry: NYLJ, 5/9/02, p. 23, col. 2 (App. T.2 Dept.; Aronin, JP, Patterson, Rios, JJ)

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