Subtenant Didn't Prove Prime Tenant Was Illusory

March 1, 1996

LVT Number: 10392

(Decision submitted by Joel Mitofsky of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the prime tenant.) Loft tenant sued to evict subtenant. Subtenant claimed illusory tenancy. The court ruled for prime tenant and against subtenant. Prime tenant had lived in the building for a long time. There was no proof of collusion with landlord to avoid rent regulation. There was also no proof of any systematic plan of renting apartments or profiteering.

(Decision submitted by Joel Mitofsky of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the prime tenant.) Loft tenant sued to evict subtenant. Subtenant claimed illusory tenancy. The court ruled for prime tenant and against subtenant. Prime tenant had lived in the building for a long time. There was no proof of collusion with landlord to avoid rent regulation. There was also no proof of any systematic plan of renting apartments or profiteering.

Rossiter v. McCue: L&T Index No. 82436/95 (12/5/95) (Civ. Ct. NY; Malatzky, J) [3-page document]

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