Ungar v. Schwartz

This action illustrates the murky relationship between the paramount landlord and his subtenant, which often follows the cancellation of the paramount lease. The complaint seeks to recover rent which the landlord urges is due because the defendant did not vacate the premises on a day set in a notice. The notice stated that the failure to vacate would result in a tenancy for a year at increased rental.

On September 9, 1960, the paramount landlord (the plaintiffs here), in a summary proceeding, recovered possession of the apartment house where the defendant was a subtenant but was not made a…