Landlord Named in Petition Wasn't Building Owner

December 22, 2014

LVT Number: #25866

Landlord sued to evict tenant. Landlord claimed that tenant created a nuisance and substantially breached his lease by chronic nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord wasn't the building owner. The court ruled for tenant. Documents showed that 265 Bedford Realty wasn't the owner or landlord as claimed in the petition. Landlord didn't try to amend the name in the petition, and the termination notice wasn't amendable. The entity named as owner was in fact nonexistent.

Landlord sued to evict tenant. Landlord claimed that tenant created a nuisance and substantially breached his lease by chronic nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord wasn't the building owner. The court ruled for tenant. Documents showed that 265 Bedford Realty wasn't the owner or landlord as claimed in the petition. Landlord didn't try to amend the name in the petition, and the termination notice wasn't amendable. The entity named as owner was in fact nonexistent. The court found that landlord engaged in an extended and complex scheme of unlawful business practices. 

265 Bedford Realty Corp. v. Hossein: Index No. 010307/14, NYLJ No. 1202675310471 (Civ. Ct. Bronx; 11/5/14; Marin, J)

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