Trial Needed on Illegal Sublet Question

April 30, 2011

LVT Number: #23361

Landlord sued to evict rent-stabilized tenant for unauthorized subletting of tenant's apartment. The court denied tenant's request to dismiss the case without a trial. It was unclear whether tenant intended to reoccupy the apartment as her primary residence when the sublease expired. Tenant owned a condo in Florida and had made inconsistent statements to landlord about her intentions. It was also unclear whether landlord unreasonably withheld consent to the sublet. These questions of fact required a trial.

Landlord sued to evict rent-stabilized tenant for unauthorized subletting of tenant's apartment. The court denied tenant's request to dismiss the case without a trial. It was unclear whether tenant intended to reoccupy the apartment as her primary residence when the sublease expired. Tenant owned a condo in Florida and had made inconsistent statements to landlord about her intentions. It was also unclear whether landlord unreasonably withheld consent to the sublet. These questions of fact required a trial.

140 East 46th Street LLC v. Murray: NYLJ, 4/4/11, p. 21, col. 1 (App. T. 1 Dept.; Lowe, PJ, Shulman, Hunter, JJ)

Topics

More like this