Gottlieb v. Adames

In Gottlieb v. Adames, NYLJ, Sept. 23, 1994, at 21, col 2 [App Term, 1st Dept], the respondent had been hired as the superintendent within a year after renting his apartment. He continued to pay rent for that apartment for about six years, at which time he moved to a larger apartment in the building. After moving to that apartment, he paid a higher rent for about nine years, at which time the building was sold to a new owner. He then lived rent-free as additional compensation for his work as a superintendent for seven years, until his employment was terminated. In reversing the Civil Court's judgment for the petitioner, the Appellate Term found that the respondent's tenancy was not interrupted by the change of apartments because, among other reasons, the move was not necessary for the performance of his superintendent duties and there was no credible evidence that he had exchanged his status as tenant for that of employee.