Trial Required on Alleged Sublet Claim

August 31, 2005

LVT Number: 18347

Landlord sued to evict rent-stabilizedtenant for illegal subletting of and improper business in his apartment. Tenant asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and won. A trial was required to determine questions of fact, including whether tenant used the apartment in whole or primarily for business purposes, and whethertenant sublet the one-bedroom apartment to an employee without landlord's consent while she primarily resided in Connecticut with her husband.

Landlord sued to evict rent-stabilizedtenant for illegal subletting of and improper business in his apartment. Tenant asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and won. A trial was required to determine questions of fact, including whether tenant used the apartment in whole or primarily for business purposes, and whethertenant sublet the one-bedroom apartment to an employee without landlord's consent while she primarily resided in Connecticut with her husband.

184 W. 10th Corp. v. Westcott: NYLJ, 8/2/05, p. 23, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Davis, JJ)

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