PROCEDURE-COURT

No Eviction Permitted Where Occupant Not Shown Referee's Deed

September 17, 2013    

Purchaser of a foreclosed property sued to evict property occupant, who had owned the building prior to the foreclosure. The occupant asked the court to dismiss the case, claiming that new owner had failed to exhibit...

Court Won't Appoint GAL for Occupant

September 17, 2013    

Landlord sued to evict apartment occupant, claiming that he was a mere licensee of deceased tenant. Landlord and occupant signed a settlement agreement in court. Occupant agreed to move out by July 31, 2013, to pay...

Rent Demand Signed by Managing Agent Was Valid

August 7, 2013    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The trial court ruled for landlord and found that tenant owed $11,680. Tenant appealed and lost. Tenant then appealed to a higher court and lost...

Tenant Association Can't Appear in Court Proceeding Without Attorney

August 6, 2013    

The DHCR granted landlord's application for MCI rent hikes. The building's tenant association filed an Article 78 appeal, challenging the rent increases. The court and appeals court ruled against tenants. One...

Landlord Didn't Deliver Court Papers to Tenant's Alternate Address

August 6, 2013    

Landlord cooperative corporation sued to evict tenant shareholder for unauthorized sublet of tenant's co-op apartment. Tenant asked the court to dismiss the case based on improper delivery of its court papers....

Landlord's Notices Were Insufficient and Improperly Served

July 15, 2013    

Landlord sued to evict rent-controlled tenant, who failed to appear in court. Landlord claimed that tenant didn't provide access to the apartment on three separate occasions and created conditions that were a...

Termination Notice Signed by Landlord's Attorney Not Defective

July 10, 2013    

Landlord sued to evict tenant. Tenant asked the court to dismiss the case, claiming that tenant's 30-day termination notice was defective. Tenant claimed that the termination notice was signed only by landlord...

Court Investigates 25 Nearly Identical Nonmilitary Affidavits

July 10, 2013    

Landlord sued to evict 25 tenants of different apartments in different buildings in separate summary nonpayment proceedings. When tenants failed to answer, landlord sought default judgments and filed sworn statements...

Owner Can File Ejectment, Not Eviction, Proceeding

July 10, 2013    

Owner of a residence sued to evict her sister-in-law, claiming that the sister-in-law's license to reside in the premises as her marital residence had been revoked. The court dismissed the case. A licensee is...

Landlord Can Seek Eviction of Deceased Tenant's Sister

July 10, 2013    

Landlord sued to evict deceased tenant's sister for nonpayment of rent. The court denied landlord's request for a default judgment when the sister failed to appear in court. Landlord appealed and won....

Landlord Can Sue Month-to-Month Tenant for Nonpayment

June 13, 2013    

Landlord sued to evict month-to-month tenant for nonpayment of rent. Tenant asked the court to dismiss the case. He claimed that as a matter of law and procedure a landlord couldn't bring a nonpayment proceeding...

Apartment Occupant Wasn't a Licensee

June 11, 2013    

Building owners sued to evict their sister, who occupied an apartment in the building. The owners claimed that the sister was a licensee and no longer had permission to occupy the apartment. They served a 10-day...