Proof of Multiple Dwelling Registration Not Required

December 1, 1998

LVT Number: 12801

(Decision submitted by David Gallo of the Oueens law firm of Sweeney Gallo & Reich, attorneys for the landlord.) Landlord sued to evict tenant under RPAPL Section 713. The court ruled against landlord and dismissed the case because landlord hadn't stated whether the building was a multiple dwelling or listed the multiple dwelling registration number. Landlord appealed and won. Since the case was brought under RPAPL Section 713, landlord didn't have to state in its petition that the building wasn't a multiple dwelling or give an MDR number. The case was sent back for a trial.

(Decision submitted by David Gallo of the Oueens law firm of Sweeney Gallo & Reich, attorneys for the landlord.) Landlord sued to evict tenant under RPAPL Section 713. The court ruled against landlord and dismissed the case because landlord hadn't stated whether the building was a multiple dwelling or listed the multiple dwelling registration number. Landlord appealed and won. Since the case was brought under RPAPL Section 713, landlord didn't have to state in its petition that the building wasn't a multiple dwelling or give an MDR number. The case was sent back for a trial.

Citibank, N.A. v. Garcia: NYLJ, p. 23, col. 2 (11/6/98) (App. 12 Dept; Kassaff, PJ, Scholnick, Patterson, JJ)

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