New Landlord Can Take Over Nonpayment Case

Landlord sued to evict tenant for nonpayment of rent. New landlord later asked the court for permission to take over prior landlord's place in the proceeding. Tenant objected, claiming that there was no assignment of rents by prior landlord, that there was no landlord-tenant relationship with new landlord, that prior landlord had no standing to bring the nonpayment proceeding, and that ownership of the building was transferred more than 90 days earlier. The court ruled against tenant. New landlord had at first indicated that rents were assigned from a bank, but corrected the error and showed that assignment was from prior landlord. So tenant had a landlord-tenant relationship with new landlord. Also new landlord asked permission to take over the case within a reasonable time after it bought the building.

298 15th St. Realty Corp. v. Fox: NYLJ, p. 30, col. 3 (3/12/97) (Civ. Ct. Kings; Finkelstein, J)