Sons of Co-op Tenant Get Apartment

The estate of deceased shareholder tenant sued landlord cooperative corporation for breach of the proprietary lease, claiming landlord unreasonably withheld consent of the estate’s assignment of the proprietary lease and shares to tenant’s two adult children. The court ruled for the estate. Landlord appealed and lost. Landlord claimed that the child who intended to occupy the apartment couldn’t afford it. But landlord’s decision was unreasonable. Both children were to be named co-lessees and were jointly and severally liable for any financial obligations. The non-occupying child also said he would serve as guarantor to his brother. Landlord’s concerns that the apartment would be overcrowded if both brothers lived there was speculative, especially since the board also was concerned about giving the proprietary lease to a brother who would not be living there. Tenants also were entitled to attorney’s fees under the terms of the proprietary lease.

Estate of Del Terzo v. 33 Fifth Avenue Owners Corp.: 2016 NY Slip Op 01039, 2016 WL 529926 (App. Div. 1 Dept.; 2/11/16; Friedman, JP, Andrias, Saxe [dissenting], Gische, Kapnick, JJ)