Landlord Seeks Ejectment of Loft Tenant for Nonprimary Residence

March 19, 2019

LVT Number: #30014

A building owner's joint venturer sued to eject loft tenant from the building. The building owner had conveyed tenant's loft unit to the joint venturer. The joint venturer claimed that tenant breached the Loft Law by failing to maintain the unit as her primary residence, and tenant asked the court to dismiss the case. The loft's subtenant claimed that the joint venturer didn't have standing to seek ejectment. In the meantime, while it still had time to do so, the joint venturer amended its court complaint by adding landlord as a plaintiff-party to the action.

A building owner's joint venturer sued to eject loft tenant from the building. The building owner had conveyed tenant's loft unit to the joint venturer. The joint venturer claimed that tenant breached the Loft Law by failing to maintain the unit as her primary residence, and tenant asked the court to dismiss the case. The loft's subtenant claimed that the joint venturer didn't have standing to seek ejectment. In the meantime, while it still had time to do so, the joint venturer amended its court complaint by adding landlord as a plaintiff-party to the action. The court ruled against subtenant's request. The joint venturer was allowed as of right to seek to add landlord as a party, and the court permitted it to do so.

Davison v. Eisenhauer: Index No. 161179/2017, NYLJ No. 1550998037 (Sup. Ct. NY; 2/4/19; Perry, J)

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