Landlord Misidentified in Lease

November 1, 1998

LVT Number: 12748

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. Tenant claimed that the lease identified landlord as Nevada Towers Associates and that this wasn't the same name as landlord who started the eviction case. The appeals court ruled against tenant. Although the lease mistakenly named landlord, tenant had always dealt with and paid rent to Whortleberry Associates. Whortleberry Associates brought the eviction case and proved that it owned the building and was authorized to rent the apartment to tenant.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. Tenant claimed that the lease identified landlord as Nevada Towers Associates and that this wasn't the same name as landlord who started the eviction case. The appeals court ruled against tenant. Although the lease mistakenly named landlord, tenant had always dealt with and paid rent to Whortleberry Associates. Whortleberry Associates brought the eviction case and proved that it owned the building and was authorized to rent the apartment to tenant. Tenant also hadn't raised this issue with the lower court.

Whortleberry Assocs. v. Lange: NYLJ, p. 28, col. 2 (10/13/98) (App. T. 1 Dept.; Freedman, JP, Davis, Gonzalez, JJ)

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