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MORRIS HEIGHTS HEALTH CENTER, INC. v. DELLAPIETRA

38 A.D.3d 261 (2007)

834 N.Y.S.2d 9

MORRIS HEIGHTS HEALTH CENTER, INC., Respondent, v. ANDREW DELLAPIETRA et al., Appellants, et al., Defendants.

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

Decided March 8, 2007.

The former prime tenant (defendants I.B.A. and Cherkassky) had no right to sublet the premises for a term extending beyond the 2003 expiration of their lease. As a general rule, a sublease cannot confer on a sublessee rights that are greater than those to which the sublessor is entitled (Millicom Inc. v Breed, Abbott & Morgan, 160 A.D.2d 496, 497 [1990], lv denied 76 N.Y.2d 703 [1990]). The I.B.A. defendants' putative...

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