Nonpayment Proceeding Started by Unauthorized Party

February 1, 2011

LVT Number: #23150

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the judgment and eviction warrant because the proceeding named an improper party as the landlord. Landlord's attorney claimed that this was a mistake that the court should allow landlord to amend. The petition named the building owner as landlord, instead of the building leaseholder that had the landlord-tenant relationship with tenant.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the judgment and eviction warrant because the proceeding named an improper party as the landlord. Landlord's attorney claimed that this was a mistake that the court should allow landlord to amend. The petition named the building owner as landlord, instead of the building leaseholder that had the landlord-tenant relationship with tenant. But the petition was fatally defective under Real Property Actions and Proceedings Law Section 721 and must be dismissed.

3414 KNOS LLC v. Bryant: Index No. 014058/10, NYLJ No. 1202477575221 (Civ. Ct. Bronx; 12/30/10; Rashford, J)

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