72ND ST. ASSOCS. v. PYLE


105 A.D.2d 607 (1984)

72nd Street Associates, Appellant, v. David Pyle et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 8, 1984


Section 226-b (subd 2, par [c]) of the Real Property Law provides that where a landlord unreasonably withholds consent to a tenant's request to sublet premises, the tenant, nevertheless, "may sublet in accordance with the request and may recover the costs of the proceeding and attorneys fees if it is found that the owner acted in bad faith by withholding consent."

On appeal from the Civil Court judgment that awarded compensatory damages on tenant respondents' counterclaim...

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