TSABBAR v. AULD (2000)

Supreme Court, Appellate Division, First Department, New York.

Zion TSABBAR, Plaintiff-Appellant, v. Maryann AULD, et al., Defendants-Respondents.

Decided: October 31, 2000

SULLIVAN, P.J., ROSENBERGER, ELLERIN, WALLACH and RUBIN, JJ.

Daniel Finkelstein, for Plaintiff-Appellant. Glen Parker, for Defendants-Respondents.

Order, Supreme Court, New York County (Paula Omansky, J.), entered October 13, 1999, which denied plaintiff's motion for partial summary judgment declaring (1) that the contracts entered by plaintiff dentist with other health care professionals are license agreements, and (2) that the proprietary lease does not require review and/or approval by defendant cooperative's Board of Directors of such agreement, unanimously affirmed, with costs.

Because plaintiff's agreements with other health care professionals granted an “exclusive right to use and occupy” part of plaintiff's apartment at certain times, they were not mere licenses, but subleases for which approval was required under plaintiff's proprietary lease with defendant cooperative corporation (see, Miller v. City of New York, 15 N.Y.2d 34, 255 N.Y.S.2d 78, 203 N.E.2d 478).

MEMORANDUM DECISION.

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