Landlord Rented Apartment to Corporate Tenant

June 30, 2002

LVT Number: 15941

Landlord sued to evict corporate tenant from rent-stabilized apartment for nonprimary residence. Landlord claimed that there was no issue of fact and asked the court to decide the case without a trial. The court ruled against landlord. Landlord appealed and lost. Landlord and prior landlord accepted personal rent checks from tenant's sole corporate officer for over 20 years. Landlord also had previously sued the individual officer ''d/b/a'' the corporation for nonpayment of rent.

Landlord sued to evict corporate tenant from rent-stabilized apartment for nonprimary residence. Landlord claimed that there was no issue of fact and asked the court to decide the case without a trial. The court ruled against landlord. Landlord appealed and lost. Landlord and prior landlord accepted personal rent checks from tenant's sole corporate officer for over 20 years. Landlord also had previously sued the individual officer ''d/b/a'' the corporation for nonpayment of rent. So there was at least a question as to whether landlord had accepted the individual as the rent-stabilized tenant. A trial was needed.

Herald Towers LLC v. Sun Lord Intl.: NYLJ, 6/14/02, p. 22, col. 1 (App. T.1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

Topics

More like this