| 35-16 34th St. LLC v Goger |
| 2004 NY Slip Op 51268(U) |
| Decided on October 25, 2004 |
| Appellate Term, Second 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal by tenant from a final judgment of the Civil Court, Queens County
(R. Birnbaum, J.), entered September 2, 2003, awarding landlord possession and the sum of $3,370.80.
Final judgment unanimously affirmed without costs.
It is well settled that a tenant is responsible to remove any subtenants upon surrender of the tenancy, and if this is not done, remains responsible for rent and/or the reasonable value of use and occupancy for the period that a subtenant or, as here, a
roommate remains in possession of the premises (see Matter of Jaroslow v Lehigh
Val. R.R. Co., 23 NY2d 991 [1969]; Stahl Assoc. Co. v Mapes, 111 AD2d 626 [1985]; Muth v Madoff, 2001 NY Slip Op 40505 [U] [App Term, 1st Dept 2001]). While the court awarded rent/use and occupancy for the period of May through August 2003, and the predicate notice and petition demanded rent only for May and June 2003, amendments reflecting sums due through the date of trial are commonplace and freely given, and tenant cannot reasonably argue that she was prejudiced under the circumstances (see generally Tabercio v Talford Enters., NYLJ, June 30, 1992 [App Term, 9th & 10th Jud Dists]). Tenant's remaining contentions have been [*2]considered and are without merit.
Decision Date: October 25, 2004