After William Maher's lease expired, the landlord sued to recover "fair-market rent" or "use and occupancy" while the tenant's "guest" continued to occupy the apartment.
Although the New York County Civil Court found the tenant liable for his occupant's holding-over, it refused to award relief for the time it took the landlord to effect the actual eviction.
On appeal, the Appellate Term, First Department, agreed that the failure to return an empty apartment to the landlord exposed the tenant to liability. It also refused to hold the tenant responsible for any post-judgment delay, which was found to be due, in part, to the landlord's "inaction." (In the AT1's view, to hold otherwise would leave a tenant "perpetually liable.")
Think that stunk?
To view a copy of the Appellate Term's decision, please use this link: 88th Street Realty L.P. v. Maher