Rent Demand Signed by Landlord's Attorney

LVT Number: 19433

(Decision submitted by Susan Baumel-Cornicello of the Manhattan law firm of Cornicello & Tendler, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because landlord's attorney had signed the rent demand instead of landlord. The court ruled against tenant. A rent demand is required by law before sending tenant a notice of petition and petition based on nonpayment. Landlord's attorney could sign the rent demand on landlord's behalf, since nothing in tenant's lease required landlord's signature.

(Decision submitted by Susan Baumel-Cornicello of the Manhattan law firm of Cornicello & Tendler, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because landlord's attorney had signed the rent demand instead of landlord. The court ruled against tenant. A rent demand is required by law before sending tenant a notice of petition and petition based on nonpayment. Landlord's attorney could sign the rent demand on landlord's behalf, since nothing in tenant's lease required landlord's signature.

27 Cliff St. Realty Co. v. Yoon: L&T Index No. 078860/06 (2/20/07) (Civ. Ct. NY; Wright, J) [2-pg. doc.]

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