Whether Landlord Owned Building Was Irrelevant

April 30, 2008

LVT Number: #20378

Landlord sued to evict tenant. Tenant claimed that there was no landlord-tenant relationship and argued that the case should be dismissed. After a trial, the jury ruled in tenant's favor. The judge set aside the jury's verdict and ordered a new trial. The judge said that the jury's decision disregarded the law. Tenant appealed and lost. It was undisputed that landlord had initially placed tenant into possession of the apartment and that tenant paid rent to landlord. Landlord was named as co-owner of the building on a deed recorded in 1989.

Landlord sued to evict tenant. Tenant claimed that there was no landlord-tenant relationship and argued that the case should be dismissed. After a trial, the jury ruled in tenant's favor. The judge set aside the jury's verdict and ordered a new trial. The judge said that the jury's decision disregarded the law. Tenant appealed and lost. It was undisputed that landlord had initially placed tenant into possession of the apartment and that tenant paid rent to landlord. Landlord was named as co-owner of the building on a deed recorded in 1989. And to the extent that tenant claimed that landlord didn't own the building, tenant couldn't raise that claim. Questions of title and ownership of property aren't proper subjects of summary eviction proceedings.

Mattis v. Brockington: NYLJ, 4/8/08, p. 36, col. 2 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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