Trial Required on Tenant's Intent to Return

March 1, 1998

LVT Number: 12194

Landlord sued to evict tenant for illegal subletting or assignment of her apartment. Landlord claimed that there were no issues requiring a trial and asked the court to rule for eviction. The court ruled against landlord, and landlord appealed and lost. There were factual questions raised in the case, including whether tenant intended to move back into the apartment with her child after her anticipated July 1998 release date from an out-of-state prison. There was also a question as to whether tenant's child continued to live in the apartment with a court-appointed guardian.

Landlord sued to evict tenant for illegal subletting or assignment of her apartment. Landlord claimed that there were no issues requiring a trial and asked the court to rule for eviction. The court ruled against landlord, and landlord appealed and lost. There were factual questions raised in the case, including whether tenant intended to move back into the apartment with her child after her anticipated July 1998 release date from an out-of-state prison. There was also a question as to whether tenant's child continued to live in the apartment with a court-appointed guardian.

1665-75 Bryant Ave. Redevelopment Assocs., LP v. Montgomery: NYLJ, p. 25, col. 3 (2/24/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

Topics

More like this