Tenant's Status Addressed in Prior Bankruptcy Court Order

July 31, 2011

LVT Number: #23536

Landlord sued to evict apartment occupant, claiming that he was a licensee. Occupant claimed that he was a rent-stabilized tenant under a renewal lease he signed with prior landlord in 2004. Tenant asked the court to bar landlord from presenting at trial any testimony or documents that would be contrary to the terms of a 2005 bankruptcy court order by which landlord obtained title to the building. Tenant also asked the court to bar landlord from introducing any testimony about the intentions of the prior landlord, who was now deceased. The court ruled for occupant.

Landlord sued to evict apartment occupant, claiming that he was a licensee. Occupant claimed that he was a rent-stabilized tenant under a renewal lease he signed with prior landlord in 2004. Tenant asked the court to bar landlord from presenting at trial any testimony or documents that would be contrary to the terms of a 2005 bankruptcy court order by which landlord obtained title to the building. Tenant also asked the court to bar landlord from introducing any testimony about the intentions of the prior landlord, who was now deceased. The court ruled for occupant. The Bankruptcy Court addressed the issue of occupant's tenancy and barred landlord from now challenging the validity of the lease as well as occupant's tenancy rights.

New York City Property Management, LLC v. Santos: 32 Misc.3d 1214(A), 2011 NY Slip Op 51280(U) (Civ. Ct. NY; 7/7/11; Gonzales, J)

Topics

More like this