Landlord sued to evict tenant and his unauthorized licensee. The court ruled for landlord and awarded a judgment of possession. Tenant then moved out right away, but the licensee didn’t. Landlord claimed that tenant was still responsible for use and occupancy payments for as long as licensee remained in the apartment. The court and appeals court ruled against landlord. Landlord’s own inaction caused a delay in the execution of the eviction warrant against the licensee. Tenant’s own interest in the apartment had been severed after judgment and his departure. A former tenant can’t be liable indefinitely for an unauthorized occupant’s refusal to vacate post-judgment.
88th Street Realty, LP v. Maher: NYLJ, 6/2/10, p. 32, col. 5 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, J)
