Trial Required on Illegal Sublet Claim

November 1, 2000

LVT Number: 14540

Landlord sued to evict tenant for illegal subletting. Landlord asked the court to decide the case without a trial. The court ruled against landlord. Landlord appealed and lost. A trial was required, since there were questions of fact relating to when landlord became aware of the sublet and whether landlord waived his claim by accepting rent and continuing correspondence with tenant regarding the details of the sublet.

Landlord sued to evict tenant for illegal subletting. Landlord asked the court to decide the case without a trial. The court ruled against landlord. Landlord appealed and lost. A trial was required, since there were questions of fact relating to when landlord became aware of the sublet and whether landlord waived his claim by accepting rent and continuing correspondence with tenant regarding the details of the sublet.

Ellis v. Weisser: NYLJ, 10/19/00, p. 29, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

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