In Stahl Assoc. v. Mapes, 111 AD2d 626, 490 NYS2d 12 [1st Dept 1985], the record tenant subleased the premises, and the landlord commenced a proceeding when the sublessee held over. (See Id. at 626-628)
The Stahl court held that the record tenant has an affirmative duty to remove the subtenant upon lease termination and "that a wrongful holding over by a subtenant is to be deemed the same as a wrongful holding over of the tenant sublessor." (Id. at 629.)
Stahl does not address whether a landlord may recover use and occupancy from the record tenant during a sublessee's holdover period.