Trial Required on Right to Sublet

New landlord, a court-appointed receiver, sued to evict tenant for illegal subletting. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant and landlord appealed. The appeals court ruled for landlord and reopened the case. New landlord had no personal knowledge of tenant's agreement with prior landlord. But there was some question of fact concerning how authentic the lease modification letter presented by tenant was. This letter gave tenant an indefinite right to sublet without consent. New landlord never saw this letter until after court action was brought against tenant. The apartment also was vacant for many months after the date of the lease and modification letter, which were dated before the building foreclosure and sale.

30871 Realty Corp. v. Khalili: NYLJ, p. 26, col. 5 (6/1/95) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)