Landlord Didn't Have Authority to Bring Eviction Proceeding

Former landlord sued to evict rent-stabilized tenant, claiming tenant's lease was void. Former landlord claimed that new landlord, who had given tenant his lease, wasn't authorized to do so because shortly thereafter another court had ruled that new landlord couldn't enter leases without former landlord partner's consent. The other court case concerned a dispute between former landlord partners over whether the building had been properly transferred to new landlord. The trial court ruled against former landlord in the eviction case, and former landlord appealed. The appeals court again ruled against former landlord. Since the filing of former landlord's appeal, the court in the other case had ruled that the transfer to new landlord was valid. So, former landlord wasn't authorized to bring the eviction proceeding.

Odette Realty v. Tremblay: NYLJ, p. 25, col. 3 (4/25/94) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Kupferman, Ross, JJ)