New Landlord Can Be Joined in Proceeding

March 1, 1994

LVT Number: 8612

Landlord sued to evict tenant for nonpayment of rent. The building was then sold in a foreclosure sale. Landlord asked the court to join new landlord in the proceeding. The court ruled against landlord and dismissed the nonpayment proceeding. Landlord appealed. The appeals court ruled for landlord. The law permits adding or substituting new landlord in these circumstances; the trial court should have done so. The case was sent back for trial.

Landlord sued to evict tenant for nonpayment of rent. The building was then sold in a foreclosure sale. Landlord asked the court to join new landlord in the proceeding. The court ruled against landlord and dismissed the nonpayment proceeding. Landlord appealed. The appeals court ruled for landlord. The law permits adding or substituting new landlord in these circumstances; the trial court should have done so. The case was sent back for trial.

H. Gin Realty Co. v. Joseph: NYLJ, p. 28, col. 2 (2/28/94) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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