GEMROSON REALTY CORP. v. KADARKHAN


288 A.D.2d 64 (2001)

733 N.Y.S.2d 15

GEMROSON REALTY CORP., Appellant, v. KALAVAT KADARKHAN et al., Respondents.

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

Decided November 13, 2001.


Defendants reside in an apartment under a lease they entered into with plaintiff's predecessor providing for a 30-year term, a $600 monthly rent and an unlimited right to sublet. Plaintiff purchased the building at a foreclosure sale, and commenced the instant action after defendants refused to acknowledge that the lease is invalid. Upon plaintiff's motion for summary judgment, the IAS court properly voided the sublet provision as unlawful without voiding the rest of the...

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