Landlord Gets Use and Occupancy

(Decision submitted by Sarina B. Isaacs of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant. After a trial was held, the court ruled for landlord. Landlord then asked the court to award use and occupancy from the date the court case began at a rate equal to the fair market rent for the apartment. Tenant claimed that landlord gave up any right to use and occupancy at a fair market rent under a prior court agreement in which tenant agreed to pay use and occupancy while the trial was pending. The court ruled against tenant. The prior agreement called for payment of use and occupancy ''pending the outcome of the litigation.'' So landlord hadn't given up its right to fair market use and occupancy.

Lemle v. O'Keefe: Index No. 074475/96 (12/5/97) (Civ. Ct. NY; Elsner, J) [1-page document]