Tenant Claims Landlord Doesn't Own Building

LVT Number: #19904

Tenant asked the court to stop landlord from starting any eviction proceeding against him. Tenant claimed that his father sold the building to landlord in 1985 as part of a criminal money-laundering scheme and that landlord was supposed to simply hold the building for tenant's mother. Tenant's mother had now died. Tenant's lease had expired in 1998, and he had remained in the building. Tenant couldn't claim adverse possession of the building, since his lease had expired less than 10 years ago. And tenant waited too long to make his claim. The building was transferred to landlord in 1985.

Tenant asked the court to stop landlord from starting any eviction proceeding against him. Tenant claimed that his father sold the building to landlord in 1985 as part of a criminal money-laundering scheme and that landlord was supposed to simply hold the building for tenant's mother. Tenant's mother had now died. Tenant's lease had expired in 1998, and he had remained in the building. Tenant couldn't claim adverse possession of the building, since his lease had expired less than 10 years ago. And tenant waited too long to make his claim. The building was transferred to landlord in 1985. Tenant claimed that his mother visited landlord in prison some time between 1996 and 2005 and, only then, found out that landlord wouldn't transfer the building back to her. If that was true, tenant still waited too long to raise his claim. It appeared that tenant acted now only because he feared eviction.

Casso v. Kaplan: NYLJ, 9/20/07, p. 27, col. 1 (Sup. Ct. Kings; Harkavy, J)