Levy v. Carol Management Corp.

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before WALLACH
• Citation: Levy v. Carol Management Corp., 605 N.Y.S.2d 82, 199 A.D.2d 140 (N.Y. App. Div. 1993)
• Decision Date: 16 December 1993
• Parties: Stuart LEVY, et al., Plaintiffs-Appellants-Respondents, v. CAROL MANAGEMENT CORPORATION, Defendant-Respondent, and Susan Teeman, Defendant-Respondent-Appellant.

Page 82

605 N.Y.S.2d 82

199 A.D.2d 140

Stuart LEVY, et al., Plaintiffs-Appellants-Respondents, v. CAROL MANAGEMENT CORPORATION, Defendant-Respondent and Susan Teeman, Defendant-Respondent-Appellant.

Supreme Court, Appellate Division First Department.

Dec. 16, 1993.

Before WALLACH, J.P., and KUPFERMAN, ROSS, KASSAL and NARDELLI, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County (Carol Arber, J.), entered August 13, 1992, which, inter alia, declared defendant Teeman to be the primary tenant of the subject apartment, and denied plaintiffs' motion to consolidate this action with a Civil Court action involving the same parties and for various items of relief upon consolidation, unanimously affirmed, without costs.

The court properly granted defendant landlord's motion for judgment declaring defendant Teeman to be the primary tenant of the subject rent stabilized apartment she had sublet to plaintiffs many years earlier, there being no showing that the landlord ever waived its right to contest plaintiffs' occupancy (see, Jefpaul Garage Corp. v. Presbyterian Hospital, 61 N.Y.2d 442, 474 N.Y.S.2d 458, 462 N.E.2d 1176) or otherwise recognized plaintiffs as the tenants (see, Metropolitan Life Insurance Co. v. Sucdad, NYLJ Aug. 6, 1985, at 6, col 1 [App Term 1st Dept.]. At most, the landlord's failure to respond to Teeman's letter notifying it of her intention to sublet (Real Property Law § 226-b) constituted a waiver of its right to terminate Teeman's tenancy for an unauthorized occupancy, without creating any parallel rights in plaintiffs (see, Papadaopoulos v. Park West Village Assocs., NYLJ, Sept. 24, 1986, col 6, at 11 [Sup Ct N.Y. County].

Plaintiffs' argument that t...