Landlord Claims Not to Be Owner

Facts: Landlord, using the name ''Brodsky & Brodsky,'' sued rent-controlled tenant for nonpayment of rent. Landlord's attorney then asked the court to dismiss the case because ''Brodsky & Brodsky'' didn't exist and wasn't the building's owner. Instead, landlord's attorney claimed that the true owner is a partnership, 213-215 West 13th St. Associates, and that Nathan and Daniel Brodsky are merely the partners. Tenant argued that since landlord had brought eight other cases against tenants in the building under the name ''Brodsky & Brodsky,'' it should be considered landlord for this case, too. Also, the attorney who negotiated agreements with two of those tenants is the same person who now claims that ''Brodsky & Brodsky'' isn't the building's owner. An unofficial copy of the deed shows that Nathan and Daniel Brodsky own the building. Court: The case can go forward. ''Brodsky & Brodsky'' have brought eight other nonpayment cases against tenants in the building. The same attorney who now claims ''Brodsky & Brodsky'' doesn't exist represented them in those proceedings. The ''Brodsky & Brodsky'' in landlord's papers refers to Nathan and Daniel Brodsky---not to a separate entity. And as co-owners of the building, either of them can bring a nonpayment case.

Brodsky & Brodsky v. Davisson: NYLJ, p. 22, col. 6 (8/10/94) (Civ. Ct. NY; Madden, J)