Money Judgment Wrongly Issued Against Corporate Tenant's President

April 30, 2007

LVT Number: #19585

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord sued the wrong party. He lived in the apartment, but the lease was in the name of a corporation. Tenant was president of the corporation. Landlord added the corporation to the case during trial. The court ruled for landlord and issued an eviction warrant against both the corporation and the president. But the court entered a $25,000 money judgment only against the president. The president appealed and won. The president wasn't the named leaseholder, so a money judgment couldn't be issued against him.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord sued the wrong party. He lived in the apartment, but the lease was in the name of a corporation. Tenant was president of the corporation. Landlord added the corporation to the case during trial. The court ruled for landlord and issued an eviction warrant against both the corporation and the president. But the court entered a $25,000 money judgment only against the president. The president appealed and won. The president wasn't the named leaseholder, so a money judgment couldn't be issued against him. Since the judgment didn't award landlord rent against the corporate tenant, landlord's petition was dismissed.

Kreth v. Lucchett: NYLJ, 4/20/07, p. 31, col. 2 (App. T. 2 Dept.; Rudolph, PJ, McCabe, Tanenbaum, JJ)

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