Posted by Anna on April 04, 2001 at 22:05:00:
Eviction Is Deemed Illegal,
Judgment Vacated, Because
Landlord Knew Tenant Was
IN WHAT WAS called a licensee holdover
proceeding, respondent did not appear.
Unknown to the court, respondent had died.
Landlord was granted a judgment of
possession. After the contents of the
apartment were removed in an eviction, the
apartment was rented to someone else. Nine
months later, the estate of the deceased tenant
of record moved to vacate the judgment. At
issue was whether the eviction was legal. The
court found that the eviction was not legal. The
estate showed that when "nail and mail"
service was made, the landlord and its counsel
had known that respondent was dead and also
knew the identity and address of the estate's
representative and counsel. The court rejected
landlord's arguments that the new tenant was
a necessary party and that the estate had
waited too long to make the motion. The
judgment and warrant were vacated.
1111 Realty Assoc. v. Doe, Kings, Civil Court,
Housing Part F, Judge Marton.
Hopefully, this judge will through the book at both the landlord and his attorneys! This is from the decision:
" Finally, since it seems that
petitioner's attorneys- "specialists in summary proceedings
[who] frequently appear in this court," East Harlem at 782-
may have engaged in the conduct of frivolous litigation, as
defined in 22 NYCRR Part 130-1.1, the court recalls this
matter for a hearing at 2:30 PM on Thursday April 19, 2001
to determine whether to award costs and/or to impose
sanctions under that provision."
from 4/4/01 NYLJ.com
Note: Posting is disabled in all archives
Post a Followup