Tenant Claims Landlord Not Entitled to Bring Case

April 1, 2000

LVT Number: 13992

Landlord sued to evict tenant after tenant's lease expired. Tenant claimed that it didn't know landlord and asked the court to dismiss the case. The court ruled for tenant, and landlord appealed. Landlord claimed that it had owned the building since 1978 and that tenant's lease was signed by M. Markovitz, landlord's president. The appeals court ruled for landlord and sent the case back to the lower court. Landlord had presented the 1978 deed to the court, and there was at least a question of fact as to whether ''petitioner'' was the landlord entitled to sue tenant.

Landlord sued to evict tenant after tenant's lease expired. Tenant claimed that it didn't know landlord and asked the court to dismiss the case. The court ruled for tenant, and landlord appealed. Landlord claimed that it had owned the building since 1978 and that tenant's lease was signed by M. Markovitz, landlord's president. The appeals court ruled for landlord and sent the case back to the lower court. Landlord had presented the 1978 deed to the court, and there was at least a question of fact as to whether ''petitioner'' was the landlord entitled to sue tenant. So the lower court shouldn't have dismissed the case.

Benjamin Markovitz Corp. v. Charne: NYLJ, 3/16/00, p. 29, col. 5 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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