Occupants Can't Stop Receiver's Eviction Proceeding

July 31, 2011

LVT Number: #23530

Landlord, a receiver appointed in a mortgage foreclosure proceeding, sued to evict occupants of three apartments, claiming that they were licensees. The occupants asked the court to delay the case because the receiver wasn't paying for gas service. The court ruled against occupants, who hadn't shown that they were tenants. They produced no leases, proof of rent payment, or DHCR rent registration listings. And Real Property Actions and Proceedings Law Section 756 called for a stay only if the receiver wasn't paying for gas service in a case against a tenant.

Landlord, a receiver appointed in a mortgage foreclosure proceeding, sued to evict occupants of three apartments, claiming that they were licensees. The occupants asked the court to delay the case because the receiver wasn't paying for gas service. The court ruled against occupants, who hadn't shown that they were tenants. They produced no leases, proof of rent payment, or DHCR rent registration listings. And Real Property Actions and Proceedings Law Section 756 called for a stay only if the receiver wasn't paying for gas service in a case against a tenant.

Miller v. Noonan: 2011 NY Slip Op 21241, 2011 WL 2715353 (App. T. 2 Dept.; 7/7/11; Pesce, PJ, Golia, Steinhardt, JJ)

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