Leased premises frequently present a jigsaw-puzzle-like array of parties—over-landlord, tenant, subtenant—all claiming rights. A recent decision by Civil Court, New York County Judge Arlene P. Bluth in Johns v. AMC Beauty Salon1 addresses issues that can arise when a tenant surrenders to its landlord possession of its leased premises, and a subtenant claims rights.
In or about August 2006, Sol Goldman Investments, LLC, (the Over-landlord) entered into a lease with AMC Beauty Salon (the Tenant) for the basement, ground floor and second floor at 465 Lexington Ave. in Manhattan. On or about Jan. 1, 2010, the tenant sublet the front part of the second floor to Angelo Johns (the Subtenant), for use as a “psychic.” On June 2, 2010, the tenant surrendered possession of the entire premises back to the Over-landlord. In a writing accompanying the return of the keys, the tenant specifically represented that “There are no occupants in the premises as of today.”
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