Legal Opinion

Clarkton Estates, Inc. v. Chiaro

Civil Court of the City of New York

Decided August 4, 1983Published

1Opinion of the Court

OPINION OF THE COURT

Jay Stuart Dankberg, J.

“[E]very man shall bear his own burden” is hortatory advice given unto future generations in the New Testament (Galatians VI:5).

The New York State Legislature, in providing a residential tenant with a statutory right to sublet leasehold occupancy, has acceded to this Biblical suggestion by requiring the tenant to make a written request for permission to sublet (Real Property Law, § 226-b).

In the instant proceeding, after the expiration of a landlord-approved six-month subtenancy, the prime tenant was still dwelling in California and the subtenant and…

2Cases cited6 opinions

  1. Conrad v. Third Sutton Realty Co.Appellate Division of the Supreme Court of the State of New York · 1981
  2. New Amsterdam Casualty Co. v. National Union Fire Insurance Co. of PittsburghNew York Court of Appeals · 1935
  3. Langham Mansions Co. v. BodineAppellate Terms of the Supreme Court of New York · 1983
  4. Anchor Holding Co. v. Michael's Coffee ShopAppellate Division of the Supreme Court of the State of New York · 1981
  5. Conklin Development Corp. v. Acme Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1982

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