Tenant Claims Trustees Can't Bring Eviction Case

June 30, 2001

LVT Number: 15091

Landlord sued to evict tenant. Landlord was a group of trustees of a family trust that took title to the building in 1998. Tenant claimed that the trustees didn't have the authority to bring an eviction case. Tenant asked the court to dismiss the case. The court ruled against tenant. He appealed and lost. Whether the trustees could bring the case was a question of fact. It was too early in the case simply to dismiss it, as tenant requested.

Landlord sued to evict tenant. Landlord was a group of trustees of a family trust that took title to the building in 1998. Tenant claimed that the trustees didn't have the authority to bring an eviction case. Tenant asked the court to dismiss the case. The court ruled against tenant. He appealed and lost. Whether the trustees could bring the case was a question of fact. It was too early in the case simply to dismiss it, as tenant requested.

Nagel v. Stone: NYLJ, 6/15/01, p. 20, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel- Jacob, JJ)

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