Legal Opinion

S. C. J. Realty Corp. v. Williams

Civil Court of the City of New York

Decided October 20, 1971Published

1Opinion of the CourtRichard W. Wallace, J.

A tenant must himself have a residual possessory interest in a leased premises in order to invest a.subtenant or successor with legalized possession (Yorkshire Towers Co. v. Hearsey, N. Y. L. J., July 30, 1971, p. 2, col. 1; Teachers Coll, of Columbia Univ. v. Claussell, 67 Misc 2d 826). However where such interest exists, the overlandlord’s lack of knowledge of the transfer of possession does not convert the transferee into a “ squatter,” particularly where, as here, such ignorance results from a studied indifference to the consequences of an established pattern of subleasing.

Landlord herein…

2Cases cited3 opinions

  1. Williams v. . AltNew York Court of Appeals · 1919
  2. Stengel v. MoreheadAppellate Terms of the Supreme Court of New York · 1949
  3. Teachers College of Columbia University v. ClaussellCivil Court of the City of New York · 1971

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