Brefries East End, Inc. v. Platt

OPINION OF THE COURT

Charles S. Whitman, Jr., J.

This case presents a factual pattern not hitherto considered by courts which have interpreted section 226-b of the Real Property Law, the recently enacted statute relating to the tenant’s right to sublet or assign his lease.

In August of 1981,1 find that the tenant Platt violated a substantial obligation of his tenancy by permitting Miss Catley-Carlson to occupy his apartment without prior approval by the landlord. The occupancy may have been accompanied by a sublease, though none was offered in evidence.

All parties appear to agree that landlord…