Co-op Shareholder Tenant Allowed to Cure Illegal Sublet
LVT Number: #25845
Landlord sued to evict cooperative shareholder-tenant for unauthorized subletting. The court ruled for landlord but delayed the eviction through Oct. 31, 2012, to give tenant a chance to cure the condition. Tenant later asked the court to vacate the judgment of possession in landlord's favor, claiming that she had cured the sublet. The court ruled for tenant. Landlord appealed and lost. When subtenant reneged on an agreement to move out by June 30, 2012, tenant served a 30-day termination notice to subtenant, then started an eviction proceeding against subtenant and got a judgment of possession dated Oct. 12, 2012. The subtenant wasn't actually evicted until Dec. 11, 2012. Landlord argued that tenant's cure therefore was untimely. But tenant took action before the cure period ended and any delay was minor.
Mansfield Owners, Inc. v. Robinson: 2014 NY Slip Op 51667(U), 2014 WL 6676510 (App. T. 2 Dept.; 11/6/14; Pesce, PJ, Aliotta, Elliot, JJ)
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