Cooperatives & Condominiums

Use of Premises By Decedent's Daughter Did Not Constitute Unauthorized Subletting Or Assignment

Skyline Terrace Cooperative, Inc. v. Ortiz-Robles

NYLJ 11/12/14

AppTerm, Second Dept.

(memorandum opinion)

In co-op corporation's summary holdover proceeding, the co-op appealed from Civil Court's dismissal of the petition. The Appellate Division affirmed, holding that use of the premises by deceased tenant's daughter did not constitute an unauthorized subletting or assignment of the premises.

The proprietary lease for the subject apartment allows the co-op to terminate the lease in the case of “an assignment of this lease, or any subletting hereunder, without full compliance [with lease requirements]; or if any person not authorized ' shall be permitted to use or occupy the Apartment.” Before the proprietary lessee's death, her daughter moved into the apartment with her. When the proprietary tenant died, the daughter, who was also her executor, continued to live in the apartment. The co-op corporation then brought this holdover proceeding, alleging a violation of the lease. Civil Court dismissed the proceeding.

In affirming, the Appellate Term emphasized that the estate had never assigned the shares associated with the apartment, and that there was no evidence of a sublease. The court then noted that the proprietary lease permits use of the apartment by the lessee and the lessee's immediate family. As a result, when the daughter moved into the apartment, her occupancy was authorized, and her mother's death did not make the occupation unauthorized.

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Use of Premises By Decedent's Daughter Did Not Constitute Unauthorized Subletting Or Assignment

Skyline Terrace Cooperative, Inc. v. Ortiz-Robles

NYLJ 11/12/14

AppTerm, Second Dept.

(memorandum opinion)

In co-op corporation's summary holdover proceeding, the co-op appealed from Civil Court's dismissal of the petition. The Appellate Division affirmed, holding that use of the premises by deceased tenant's daughter did not constitute an unauthorized subletting or assignment of the premises.

The proprietary lease for the subject apartment allows the co-op to terminate the lease in the case of “an assignment of this lease, or any subletting hereunder, without full compliance [with lease requirements]; or if any person not authorized ' shall be permitted to use or occupy the Apartment.” Before the proprietary lessee's death, her daughter moved into the apartment with her. When the proprietary tenant died, the daughter, who was also her executor, continued to live in the apartment. The co-op corporation then brought this holdover proceeding, alleging a violation of the lease. Civil Court dismissed the proceeding.

In affirming, the Appellate Term emphasized that the estate had never assigned the shares associated with the apartment, and that there was no evidence of a sublease. The court then noted that the proprietary lease permits use of the apartment by the lessee and the lessee's immediate family. As a result, when the daughter moved into the apartment, her occupancy was authorized, and her mother's death did not make the occupation unauthorized.

'