Co-Landlord Can Bring Proceeding

September 30, 1994

LVT Number: 9134

Landlord sued to evict month-to-month tenant for nonpayment of rent. Landlord's petition stated that landlord was the ''owner'' of the building. Even though tenant didn't raise the issue, the court ruled that landlord's petition was defective because landlord wasn't the ''owner'' of the building, but merely a co-owner. Landlord appealed, and won. The appeals court ruled that the issue of landlord's status shouldn't have been raised by the lower court---only tenant could have questioned it.

Landlord sued to evict month-to-month tenant for nonpayment of rent. Landlord's petition stated that landlord was the ''owner'' of the building. Even though tenant didn't raise the issue, the court ruled that landlord's petition was defective because landlord wasn't the ''owner'' of the building, but merely a co-owner. Landlord appealed, and won. The appeals court ruled that the issue of landlord's status shouldn't have been raised by the lower court---only tenant could have questioned it. But, since there was a dispute about whether landlord had accepted rent after the tenancy ended, the court sent the case back to the lower court to decide the nonpayment issue.

Singh v. Morales: NYLJ, p. 31, col. 2 (9/29/94) (App. T. 2 Dept.; Kassoff, JP, G. Aronin, Patterson, JJ)

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