Loft Tenant Can Cure Unauthorized Sublet

September 11, 2012

LVT Number: #24307

Landlord cooperative corporation sued to evict proprietary lessee for unauthorized subletting portions of lessee’s loft for non-artist residential use. The trial court ruled for landlord. Landlord appealed because a portion of the court’s decision gave tenant a further opportunity to cure the illegal sublet. The court ruled against landlord. Since the loft was occupied for residential purposes, Real Property Actions and Proceedings Law Section 753(4) permitted a chance to cure.


Landlord cooperative corporation sued to evict proprietary lessee for unauthorized subletting portions of lessee’s loft for non-artist residential use. The trial court ruled for landlord. Landlord appealed because a portion of the court’s decision gave tenant a further opportunity to cure the illegal sublet. The court ruled against landlord. Since the loft was occupied for residential purposes, Real Property Actions and Proceedings Law Section 753(4) permitted a chance to cure.


Barrett Japaning, Inc. v. Bialobroda: NYLJ, 8/22/12, p. 22, col. 1 (App. T. 1 Dept. Lowe III, PJ, Shulman, Hunter Jr., JJ)

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