Landlord Corporation Didn't Exist When Case Began

March 7, 2012

LVT Number: #23926

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had no standing to sue. The deed transferred the building from prior owner to landlord, a corporation, on Dec. 10, 2010. But state corporate filing records showed that the corporation didn't exist until Jan. 26, 2011. Since the corporate entity wasn't in legal existence at the time, it couldn't take title to the property and therefore couldn't sue tenant, even though it had a lease with tenant. The case was dismissed.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had no standing to sue. The deed transferred the building from prior owner to landlord, a corporation, on Dec. 10, 2010. But state corporate filing records showed that the corporation didn't exist until Jan. 26, 2011. Since the corporate entity wasn't in legal existence at the time, it couldn't take title to the property and therefore couldn't sue tenant, even though it had a lease with tenant. The case was dismissed.

19 Steven Lane Corp. v. Kovar: Index No. LT-005290-11, NYLJ No. 1202540809031 (Dist. Ct. Nassau; 1/26/12; Fairgrieve, J)

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