Landlord Needs Permission to File Eviction Case After Receiver Appointed

May 31, 2011

LVT Number: #23416

Landlord sued to evict tenant from his apartment, claiming that he was a licensee. Tenant asked the court to dismiss the case. The building was subject to mortgage foreclosure, and a receiver had been appointed before landlord started the eviction proceeding. The court ruled for tenant. If landlord was permitted to terminate an income-generating occupancy, it could interfere with the receiver's duties. And landlord didn't give a good reason for why he didn't seek court permission before starting the case.

Landlord sued to evict tenant from his apartment, claiming that he was a licensee. Tenant asked the court to dismiss the case. The building was subject to mortgage foreclosure, and a receiver had been appointed before landlord started the eviction proceeding. The court ruled for tenant. If landlord was permitted to terminate an income-generating occupancy, it could interfere with the receiver's duties. And landlord didn't give a good reason for why he didn't seek court permission before starting the case. Landlord could start the case over if he received permission from the court that appointed the receiver.

Pires v. Williams: Index No. 86219/10, NYLJ No. 1202493380238 (Civ. Ct. Kings; 5/3/11; Marton, J)

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