Trial Required in Landlord's Eviction Case

February 1, 1999

LVT Number: 12954

Landlord sued to evict loft tenant, claiming that the tenancy was unregulated. Tenant asked the court to dismiss the case without a trial, claiming that he was protected under the Loft Law. The court ruled for tenant, and landlord appealed, claiming there were issues of fact that needed to be decided. The appeals court ruled for landlord. Tenant had moved into the residential loft in November 1993 under a three-month sublease from someone who claimed to be the building's net lessee.

Landlord sued to evict loft tenant, claiming that the tenancy was unregulated. Tenant asked the court to dismiss the case without a trial, claiming that he was protected under the Loft Law. The court ruled for tenant, and landlord appealed, claiming there were issues of fact that needed to be decided. The appeals court ruled for landlord. Tenant had moved into the residential loft in November 1993 under a three-month sublease from someone who claimed to be the building's net lessee. Since it hadn't been proved that prior landlord consented to the sublet, there was a question as to whether tenant was protected under the Loft Law.

EBW LLC v. Geralds: NYLJ, p. 26, col. 1 (1/22/99) (App. T. 1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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