Landlord Entity Correctly Identified

March 1, 2008

LVT Number: #20257

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that the entity identified as landlord in the lease nonrenewal notice didn’t have standing to maintain the proceeding. The court ruled for tenant. Landlord appealed and won. The appeals court reopened the case. Landlord’s notice was signed on landlord’s behalf by a co-trustee of its managing agent. The notice wasn’t defective.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that the entity identified as landlord in the lease nonrenewal notice didn’t have standing to maintain the proceeding. The court ruled for tenant. Landlord appealed and won. The appeals court reopened the case. Landlord’s notice was signed on landlord’s behalf by a co-trustee of its managing agent. The notice wasn’t defective. A correction to the building deed signed by a majority of the co-trustees also caused no defect that warranted dismissal of the case.

1043-1049 Lexington Avenue LLC v. Dampf: NYLJ, 2/21/08, p. 36, col. 2 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)

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