| Brontman v Chatsworth Realty |
| 2007 NY Slip Op 50742(U) [15 Misc 3d 135(A)] |
| Decided on April 9, 2007 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Cynthia S. Kern, J.), entered on or about January 12, 2006, after trial, in favor of plaintiff and awarding him damages in the principal sum of $3,383.15.
PER CURIAM:
Judgment (Cynthia S. Kern, J.), entered on or about January 12, 2006, reversed, without costs, and judgment directed in favor of defendant dismissing the action.
It is settled law that compensatory damages are
not available for a landlord's claimed violation of Real Property Law § 226-b(2)(c) and that the tenant is limited to the "exclusive" statutory remedies in the event a landlord unreasonably withholds consent to a sublease (72nd Street Assoc. v Pyle, 105 AD2d 697 [1984], lv dismissed 64 NY2d 774 [1985]). Inasmuch as plaintiff-tenant cannot prevail on his claim for compensatory damages in the form of lost sublease income "according to the rules and principles of substantive law" (CCA 1807), the small claims action must be dismissed.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 09, 2007