Case Type
Holdover-Illegal Sublet
Housing Type
Market Rate
Court
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570614/23
Petitioner
Barrett Japaning, Inc.
Respondent
Anna Bialobroda, "John Doe" and "Jane Doe"
Judge
Tisch, J.P., James, Perez
Decision/Order Date
2024-03-22
Posture
Other
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
In consolidated holdover proceedings against a tenant for illegal subletting, the appellate court affirmed the trial court's dismissal of the petitions after finding the landlord unreasonably withheld consent to the tenant's requests to sublease the market rate premises. The court rejected the landlord's arguments that a prior finding of reasonable refusal to sublet barred relitigation under law of the case or res judicata doctrines, as the conduct at issue was different.
Recommended Citation
"Barrett Japaning, Inc. v. Bialobroda" (2024). All Decisions. 1429.
https://ir.lawnet.fordham.edu/housing_court_all/1429
