Landlord Gets U & O While Case Pending

LVT Number: 11624

Landlord sued to evict tenant for illegal subletting. Landlord asked the court to order tenant to pay use and occupancy while the case was pending. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. There was no question about the lawfulness of the amount of tenant's rent. And there would be delays in the case based on motions and questions before the trial.

Landlord sued to evict tenant for illegal subletting. Landlord asked the court to order tenant to pay use and occupancy while the case was pending. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. There was no question about the lawfulness of the amount of tenant's rent. And there would be delays in the case based on motions and questions before the trial.

300 E. 34th St. Co. v. Paleias: NYLJ, p. 25, col. 5 (6/20/97) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)