New York City Properly Substituted as Landlord in Nonpayment Case

September 30, 2004

LVT Number: 17618

Landlord net lessee sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord waived a portion of the back rent on condition that tenant move out by Nov. 15, 2002. In October 2002, the City of New York asked the court to be substituted as landlord. The city owned the building and had terminated its net lease with landlord. Tenant had been informed by letter in August 2002 that HPD would resume building management. Tenant objected to the substitution. The court ruled for the city.

Landlord net lessee sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord waived a portion of the back rent on condition that tenant move out by Nov. 15, 2002. In October 2002, the City of New York asked the court to be substituted as landlord. The city owned the building and had terminated its net lease with landlord. Tenant had been informed by letter in August 2002 that HPD would resume building management. Tenant objected to the substitution. The court ruled for the city. Tenant appealed, claiming that a prior court decision in a case by the city against tenant barred the city from being named here. The appeals court ruled against tenant. The prior case involved different issues. The lower court properly substituted the city as landlord in this case.

City of New York v. Stewart: NYLJ, 9/29/04, p. 28, col. 5 (App. T. 2 Dept; Pesce, PJ, Aronin, Patterson, JJ)

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