Mickenberg v. Gabbriellini

OPINION OF THE COURT

Final judgment entered April 19, 2000 reversed, with $30 *721costs, and final judgment of possession directed in favor of tenant dismissing the holdover petition.

On this record, we conclude that tenant’s request to sublease pursuant to Real Property Law § 226-b, as amplified by his and the proposed subtenant’s detailed responses to landlord’s questionnaire, complied with the statute in all material respects and that landlord unreasonably withheld Ms consent. Civil Court’s finding to the contrary was against the weight of the record evidence and in derogation of the statute’s…