Doe v Roe, 2013 NY Slip Op 23017 (Civ.Ct NY Co.).
In this case, after a multi-day trial, David succeeded in winning rent-stabilized tenancy rights for his client. David’s client had sublet the apartment from a prime tenant who lived in another apartment in the same building. The court found that the prime tenant used the apartment, not as her primary residence, but as “a rental for others.”
After trial, court ruled that the alleged prime tenancy was “illusory” and David’s client, a single mother who lived in the apartment and paid rent for ten years, was the lawful stabilized tenant. David successfully defended his trial victory on appeal.
545 Eighth Avenue Associates, LP v. Shanaman, 12 Misc.3d 66, 819 NYS2d 813 (App.Term 1st Dep’t 2006).
In a precedent setting case, David established that the “illusory tenancy” doctrine applied to apartments covered by the Loft Law, enabling his clients, the victims of a rent overcharge scheme by the prime tenants, to argue that they were the lawful regulated tenants. David then won the case at trial.
125 Church Street Development Co. v. Grassfield, 170 Misc.2d 1, 648 NYS2d 515 (Civ.Ct. NY Co. 1996) .
David obtained right of subtenant to conduct depositions of “prime tenant” and owner of building covered by the Loft Law, providing leverage for eventually $150,000 settlement.