Landlord Sold Building Before Trial

April 30, 1993

LVT Number: 6984

Landlord sued to evict tenant for nonpayment of rent. The Suffolk County trial court ruled for landlord, awarding landlord possession and rent arrears of over $5,400. Tenant appealed, pointing out that landlord had sold the building before the trial started. The appeals court ruled that, under those circumstances, the proceeding should have been converted into a plenary action. The lower court's decision was revoked, and the case was sent back for a new trial as a plenary proceeding.

Landlord sued to evict tenant for nonpayment of rent. The Suffolk County trial court ruled for landlord, awarding landlord possession and rent arrears of over $5,400. Tenant appealed, pointing out that landlord had sold the building before the trial started. The appeals court ruled that, under those circumstances, the proceeding should have been converted into a plenary action. The lower court's decision was revoked, and the case was sent back for a new trial as a plenary proceeding.

Oak Plaza Realty Corp. v. Hyatt: NYLJ, p. 33, col. 6 (4/16/93) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)

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