Landlord Didn't Give Attorney Proper Authorization to Start Eviction Case

August 31, 2007

LVT Number: #19819

Landlord sued to evict tenant. Landlord was in prison and had authorized another individual through power of attorney to start the eviction proceeding. Tenant asked the court to dismiss the case. He claimed that the power of attorney was invalid. The court ruled for tenant and dismissed the case. Landlord didn't follow proper procedures for an effective power of attorney. The law requires that the form appointing the attorney-in-fact be acknowledged by a government official or notarized. Landlord's power of attorney form was signed but not acknowledged or notarized.

Landlord sued to evict tenant. Landlord was in prison and had authorized another individual through power of attorney to start the eviction proceeding. Tenant asked the court to dismiss the case. He claimed that the power of attorney was invalid. The court ruled for tenant and dismissed the case. Landlord didn't follow proper procedures for an effective power of attorney. The law requires that the form appointing the attorney-in-fact be acknowledged by a government official or notarized. Landlord's power of attorney form was signed but not acknowledged or notarized.

Bruno v. Sickler: NYLJ, 8/8/07, p. 30, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)

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