Did Receiver Have Standing in Nonpayment Case?

October 10, 2012

LVT Number: #24370

Landlord's receiver sued to evict tenant for nonpayment of rent. The receiver and tenant signed a settlement agreement in court, giving tenant 30 days to pay back rent. Tenant later asked the court to vacate the agreement and dismiss the case. She claimed that she had defenses she was unaware of when she signed the stipulation. Among other things, tenant claimed that the receiver didn't have standing to sign the settlement agreement. The court ruled for tenant in part. It didn't dismiss, but vacated, the settlement and reopened the case.

Landlord's receiver sued to evict tenant for nonpayment of rent. The receiver and tenant signed a settlement agreement in court, giving tenant 30 days to pay back rent. Tenant later asked the court to vacate the agreement and dismiss the case. She claimed that she had defenses she was unaware of when she signed the stipulation. Among other things, tenant claimed that the receiver didn't have standing to sign the settlement agreement. The court ruled for tenant in part. It didn't dismiss, but vacated, the settlement and reopened the case. There was a question as to when the referee's deed transferred the building to the receiver and therefore whether the receiver had standing to begin the nonpayment case or make the rent demand.

JPMCC2006-CIBC14 Dixs Ave. v. Mack: Index No. 54509/2012, NYLJ No. 1202570713545 (Civ. Ct. Queens; 8/22/12; Pinckney, J)

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