PLWJ Realty, Inc. v. Gonzalez

OPINION OF THE COURT

Final judgment entered July 8, 1999 affirmed, with $25 costs.

*242Based upon the testimony of landlord’s on-site employees and private investigator, credited by the Civil Court, the court could fairly find that the small studio apartment had been vacant for more than one year; that tenant was not residing there; and that tenant’s adult son and immediate family subsequently entered into possession. The record therefore supports the determination that there was an unlawful sublet/ assignment without consent. Moreover, a departing tenant may not transfer possession to family…