Tenant Claims Landlord Is No Longer Partnership

June 30, 1998

LVT Number: 12456

Landlord, a partnership, sued to evict tenant for nonprimary residence. Tenant argued that landlord couldn't bring the eviction case because it was no longer a partnership. Tenant claimed that four of landlord's partners had died and its 1963 limited partnership agreement had expired. The court ruled against tenant. The renewal lease, multiple dwelling registration, deed, and 1993 amended limited partnership agreement on file with the Department of State all correctly listed landlord as a limited partnership.

Landlord, a partnership, sued to evict tenant for nonprimary residence. Tenant argued that landlord couldn't bring the eviction case because it was no longer a partnership. Tenant claimed that four of landlord's partners had died and its 1963 limited partnership agreement had expired. The court ruled against tenant. The renewal lease, multiple dwelling registration, deed, and 1993 amended limited partnership agreement on file with the Department of State all correctly listed landlord as a limited partnership. The housing court had no authority to rule on whether landlord's filed limited partnership certificate was fraudulent. Besides, in a 1995 case, an appeals court had ruled that landlord's partnership was a valid entity.

390 West End Assocs., L.P. v. Atkins: NYLJ, p. 26, col. 3 (6/3/98) (Civ. Ct. NY; Martino, J)

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