Trial Required on Subtenant's Rights

July 31, 2001

LVT Number: 15195

Landlord sued to evict rent-stabilized hotel tenant for nonprimary residence. Subtenant claimed that he had become a permanent tenant, independent of tenant, and was entitled to remain in the apartment. The court ruled for subtenant without a trial, and landlord appealed. The appeals court ruled for landlord and sent the case back for a trial. Subtenant, an attorney, was a friend of tenant's and had paid rent to landlord directly from a business account bearing his office address.

Landlord sued to evict rent-stabilized hotel tenant for nonprimary residence. Subtenant claimed that he had become a permanent tenant, independent of tenant, and was entitled to remain in the apartment. The court ruled for subtenant without a trial, and landlord appealed. The appeals court ruled for landlord and sent the case back for a trial. Subtenant, an attorney, was a friend of tenant's and had paid rent to landlord directly from a business account bearing his office address. There was a question of fact as to whether landlord intended to accept subtenant as tenant when it accepted those checks.

240 W. 73rd St. LLC v. Hess: NYLJ, 7/9/01, p. 20, col. 3 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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