Landlord Could Bring Case

April 1, 1998

LVT Number: 12208

Landlord sued to evict tenant. The court ruled for landlord based on tenant's default. After being evicted, tenant asked the court to be restored to possession. Tenant claimed that landlord wasn't the true owner of the building. The court ruled for tenant, and landlord appealed and won. There was indisputable proof that landlord was named on tenant's lease and that tenant paid rent to her. A prior court ruling that landlord's mother couldn't bring an eviction case because of a defect in her title to the property didn't bar landlord from bringing an eviction case.

Landlord sued to evict tenant. The court ruled for landlord based on tenant's default. After being evicted, tenant asked the court to be restored to possession. Tenant claimed that landlord wasn't the true owner of the building. The court ruled for tenant, and landlord appealed and won. There was indisputable proof that landlord was named on tenant's lease and that tenant paid rent to her. A prior court ruling that landlord's mother couldn't bring an eviction case because of a defect in her title to the property didn't bar landlord from bringing an eviction case.

Smalls v. Lomax: NYLJ, p. 27, col. 3 (3/17/98) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Scholnick, JJ)

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