RIVER TOWER OWNER, LLC v. 140 W. 57TH ST. CORP.

650790/18, 9341, 9340, 9339, 9338.

172 A.D.3d 537 (2019)

101 N.Y.S.3d 328

2019 NY Slip Op 03899

River Tower Owner, LLC, Respondent, v. 140 West 57th Street Corp., Appellant.

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

Decided May 16, 2019.


In 1991, defendant entered into a lease for a rent-stabilized apartment. The apartment was subject to rent stabilization as a result of the building's receiving benefits under RPTL 421-a. The lease provided for a fixed 40-year term that would expire in 2031. Although paragraphs 1 and 36A of the lease required defendant to name an occupant of the apartment, no occupant was ever named. By sublease entered into the same day, defendant sublet the apartment to two sisters for...

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