Landlord's Lease Assignment to Lender Didn't Bar It from Commencing Eviction Case

Landlord sued to evict rent-stabilized tenant for nuisance. Tenant asked the court to dismiss the case, claiming that landlord didn’t have a valid assignment of leases and rents. Landlord obtained the right to bring an eviction proceeding against tenant when it bought the building. And new landlord assigned its interest in the leases and rents to its lender, as security for a loan, but didn’t transfer title to the building. So landlord retained the right to commence an eviction proceeding. But landlord’s termination notice listed only one incident of claimed violence involving tenant and failed to show continuous or recurring conduct. So, landlord’s predicate notice was defective and the case was dismissed.

Magic Acquisitions LLC v. Urena: Index No. L&T 59843/16, NYLJ No. 1202766276104 (Civ. Ct. Queens; 8/19/16; Kullas, J)