Building Isn't Multiple Dwelling

April 1, 1994

LVT Number: 8683

Facts: Landlord sued to evict commercial tenant for nonpayment of rent. Landlord stated in its petition that the building wasn't a multiple dwelling. After landlord presented its case in court, tenant claimed that the building was a multiple dwelling. Tenant argued that the case should be dismissed because landlord didn't prove the building wasn't a multiple dwelling. Court: Landlord wins. In its answering papers, tenant never specifically denied landlord's claim that the building wasn't a multiple dwelling. So, landlord didn't have to prove anything on this point.

Facts: Landlord sued to evict commercial tenant for nonpayment of rent. Landlord stated in its petition that the building wasn't a multiple dwelling. After landlord presented its case in court, tenant claimed that the building was a multiple dwelling. Tenant argued that the case should be dismissed because landlord didn't prove the building wasn't a multiple dwelling. Court: Landlord wins. In its answering papers, tenant never specifically denied landlord's claim that the building wasn't a multiple dwelling. So, landlord didn't have to prove anything on this point. In addition, this was a commercial---not a residential---case. There is no underlying public policy concern about compliance with the multiple dwelling law.

Brandt v. Laurabelle Associates: NYLJ, p. 23, col. 1 (3/23/94) (Civ. Ct. NY; Bransten, J)

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