Case Type
Other
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
Slip Opinion Number
2026 NY Slip Op 51358(U)
Petitioner
D&R Realty Associates
Respondent
Tamar Lichtman; Judah Levenson
Judge
Eze, Chidi A.
Decision/Order Date
2026-08-05
Posture
Post-Trial Motion by Landlord
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
After trial, court finds tenants (defendants) not liable for breaking lease before term ended because landlord unreasonably rejected multiple proposed assignees under RPL § 226-b. Because tenants gave timely 30-day notice of intent to vacate, they were released from the lease by operation of law and not responsible for damages. Court enters money judgment in tenants' favor for return of security deposit.
Keywords
Civil Court Action for Tenants' Breaking of Lease; After Trial Tenants Found to Have Complied RPAPL § 226-b by Giving Timely Notice of Intention to Vacate Before End of Lease Term; Landlord Unreasonably Rejected Potential Candidates for Assignment of Lease Proposed by Tenants; Tenants Not Liable for Damages for Breaking Lease; Judgment Entered in Tenants' Favor for Return of Security Deposit
Recommended Citation
"D&R Realty Assoc. v. Lichtman" (2026). All Decisions. 2419.
https://ir.lawnet.fordham.edu/housing_court_all/2419
