Tenant Must Pay $32,000 in Rent Arrears

May 31, 1993

LVT Number: 7025

Landlord sued to evict tenant for nonpayment of rent. The trial court awarded possession to landlord, along with a money judgment of over $32,000. Tenant appealed, claiming that landlord had abandoned a cooperative conversion plan that was promised. Landlord apparently decided not to go ahead with the conversion after not getting purchase agreements from at least 15 percent of the apartments in the building. Landlord had returned tenant's down payment. Tenant claimed that his lease and landlord's right to collect rent was dependent on the cooperative conversion.

Landlord sued to evict tenant for nonpayment of rent. The trial court awarded possession to landlord, along with a money judgment of over $32,000. Tenant appealed, claiming that landlord had abandoned a cooperative conversion plan that was promised. Landlord apparently decided not to go ahead with the conversion after not getting purchase agreements from at least 15 percent of the apartments in the building. Landlord had returned tenant's down payment. Tenant claimed that his lease and landlord's right to collect rent was dependent on the cooperative conversion. But tenant didn't exercise his option to cancel the lease within a reasonable time after getting notice of abandonment of the offering plan. Tenant waited nine months to move out---right before the lease expiration date. The court dismissed tenant's appeal and ordered him to pay rent arrears.

Manhattan Embassy Co. v. Ying: NYLJ, p. 25, col. 2 (5/19/93) (App. T. 1 Dept.; Ostrau, PJ, Parness, Miller, JJ)

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