Landlord Entitled to Pursue Eviction

December 1, 2006

LVT Number: 19286

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Tenant claimed that landlord had changed its name to 557 Franklin Ave. LLC and, therefore, 729 Lafayette Ave. LLC couldn't maintain the proceeding against tenant. The court ruled against tenant. Landlord admitted that it sometimes did business as 557 Franklin Ave. LLC. But landlord never transferred title in the building to any other entity. The deed, the Real Property Transfer Tax Report, and the Multiple Dwelling Registration all showed that 729 Lafayette Ave. LLC owned the building.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Tenant claimed that landlord had changed its name to 557 Franklin Ave. LLC and, therefore, 729 Lafayette Ave. LLC couldn't maintain the proceeding against tenant. The court ruled against tenant. Landlord admitted that it sometimes did business as 557 Franklin Ave. LLC. But landlord never transferred title in the building to any other entity. The deed, the Real Property Transfer Tax Report, and the Multiple Dwelling Registration all showed that 729 Lafayette Ave. LLC owned the building.

729 Lafayette Ave. LLC v. Annell: NYLJ, 11/8/06, p. 24, col. 1 (Civ. Ct. Kings; Kraus, J)

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