Landlord No Longer Owned Building

August 31, 2005

LVT Number: 18353

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $10,000 for the period between November 2004 and June 2005. Tenant claimed that landlord no longer owned the building and asked the court to dismiss the case. The court ruled for tenant. Landlord had lost the building in May 2004 for failure to pay taxes. Landlord claimed that it had only transferred an adjacent vacant lot. But a deed recorded in May 2004 showed that the lot that tenant's building was on was also transferred in a tax sale. So landlord wasn't entitled to maintain the nonpayment case.

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $10,000 for the period between November 2004 and June 2005. Tenant claimed that landlord no longer owned the building and asked the court to dismiss the case. The court ruled for tenant. Landlord had lost the building in May 2004 for failure to pay taxes. Landlord claimed that it had only transferred an adjacent vacant lot. But a deed recorded in May 2004 showed that the lot that tenant's building was on was also transferred in a tax sale. So landlord wasn't entitled to maintain the nonpayment case.

Muzio v. Rogers: NYLJ, 8/10/05, p. 20, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)

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