Fame Co. v. Sandberg

The instant illegal sublet holdover proceeding was first noticed to be heard on May 25, 2005. The respondent-undertenant, John Cheshire, ("undertenant") appeared and by verified answer and counterclaim dated May 23, 2005, asserts, inter alia, improper service of the predicate notices and pleadings, illusory tenancy, and estoppel. According to the undertenant, he has resided at the subject premises since 1993, which is when the tenant of record, Trygve Sandberg, first assumed the lease, and the petitioner has always known of his occupancy. The undertenant also alleges that Mr. Sandberg has not occupied the subject premises since 1995. According to the petitioner, however, it was led to believe that Mr. Sandberg was contemporaneously occupying the subject premises with the undertenant. The petitioner also states that the last renewal lease dated July 9, 2003, was signed by Mr. Sandberg, and it has a written statement from the respondents in which they represent that they are "living in the apartment together and the [undertenant] was paying rent for the tenant and acceptance of checks from the [undertenant] did not create a landlord-tenant relationship with him."