Landlord Seeks to Evict Hotel Operator, Not Tenants

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen, LLP, attorneys for the landlord.)

Landlord sued to evict tenant, a hotel company, from a residential building. Tenant claimed that landlord's papers were defective and improperly served. The court granted landlord's request to strike these defenses. Landlord showed that the lease termination notice was properly delivered by certified and regular mail on 90 days' notice, as required by the lease. Tenant also claimed that landlord failed to name the hotel's residential tenants in the eviction action. But landlord didn't seek to terminate their residential tenancies, so tenants weren't necessary parties.

578 Ninth Avenue Associates, LLC v. Hotel Elk, Inc.: Index No. 069577/11 (Civ. Ct. NY; 9/26/11; Masley, J) [4-pg. doc.]