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EIGHTEEN ASSOCIATES, L. L. C. v. NANJIM LEASING CORP.

257 A.D.2d 559 (1999)

683 N.Y.S.2d 291

EIGHTEEN ASSOCIATES, L. L. C., Respondent, v. NANJIM LEASING CORP. et al., Defendants, and MARTIN R. KRAMER et al., Appellants.

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

Decided January 11, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellants, who formerly subleased office space in the plaintiff's building, contend that the plaintiff may not recover damages for their use and occupancy of the premises because they were not parties to its lease with the tenant. However, the absence of privity of contract is not a bar to a cause of action to recover damages for use and occupancy (see, 19 W. 45th St. Realty Co. v Doram...

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