New Landlord Can Substitute into Proceeding After Judgment

February 8, 2013

LVT Number: #24613

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the judgment issued in connection with the settlement agreement and to dismiss the case. New landlord, in turn, asked to substitute into the case. The court ruled for tenant and against new landlord. New landlord appealed and won. There were no grounds to vacate the judgment, and new landlord was authorized to continue the nonpayment proceeding even after the transfer of building ownership.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the judgment issued in connection with the settlement agreement and to dismiss the case. New landlord, in turn, asked to substitute into the case. The court ruled for tenant and against new landlord. New landlord appealed and won. There were no grounds to vacate the judgment, and new landlord was authorized to continue the nonpayment proceeding even after the transfer of building ownership. Any delay in seeking to substitute the new owner into the case as petitioner had no effect on the progress of the proceeding.

KBF Related Amsterdam Partners v. Glasser: 38 Misc.3d 136(A), 2013 NY Slip Op 50134(U) (App. T. 1 Dept.; 1/30/2013; Hunter Jr., JP, Shulman, Torres, JJ)

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