Tenant Claimed Landlord's Officer Wasn't Authorized to Sign Termination Notice

(Decision submitted by Martin Sigal of the Law Offices of Judith M. Brener, attorneys for the landlord.)

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that the landlord’s employee who signed the lease nonrenewal notice (also known as the “Golub” notice) wasn’t authorized to do so. Landlord pointed out that the employee in question was an officer of the petitioner owner entity. The entity’s operating agreement appointed the employee as the petitioner’s vice president.  The court ruled against tenant and restored the case to the court calendar for trial. Landlord showed that the employee was its authorized representative. And this employee had previously corresponded with tenant in connection with a notice to cure sent to tenant. Tenant therefore can’t claim that she was unaware of the employee’s authority to act on behalf of landlord. Tenant was very much aware of who this employee was. 

217 E. 88th & 212-234 E. 89th St., LLC: Index No. L&T64749/13 (Civ. Ct. NY; 8/25/16; Wendt, J) [4-pg. doc.]