Trial Required on Illegal Sublet Claim
LVT Number: 14466
Landlord sued to evict tenant for illegally subletting his apartment. Landlord asked the court to rule in his favor without a trial. The court ruled against landlord. Landlord appealed and lost. A trial was needed because there were unanswered questions relating to when landlord became aware of the sublet and whether he waived his claim by accepting rent and continuing correspondence with tenant regarding the sublet.
Ellis v. Weisser: NYLJ, 9/29/00, p. 26, col. 2 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)