Gross v. Libby Properties, Inc.
This text of 273 A.D. 851 (Gross v. Libby Properties, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The sublease to Lichtenstein, having been made under and prior to the expiration of the lease between plaintiff and defendant, continues in force under the emergency rent laws. Lichtenstein is therefore entitled to continue in possession of the space occupied by him. Whether or to what extent a right to sublet contained in a lease survives the expiration of the lease and entitles the tenant to make a new sublease during his statutory tenancy is a question we do not pass upon. The evidence in this case reveals a lack of equity in plaintiff’s position. Judgment, therefore, is unanimously reversed, with costs, and the complaint dismissed, with costs. Settle order on notice. Present — Peck, P. J., Glennon, Cohn, Callahan and Van Voorhis, JJ.
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Cite This Page — Counsel Stack
273 A.D. 851, 77 N.Y.S.2d 140, 1948 N.Y. App. Div. LEXIS 4931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gross-v-libby-properties-inc-nyappdiv-1948.