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Posted by court watcher on April 05, 2001 at 19:46:49:

In Reply to: NYC: LL illegally evicts deceased tenant posted by Anna on April 04, 2001 at 22:05:00:

I'm curious: who is the attorney / firm that represented the owner in this case?
Also: Is it the policy of TenantNet not to post any specific discussions regarding attorneys / firms? (I have previously made inquiries regarding attorneys but no response made it to the bulletin board.) Please comment on the policy.

:
: Eviction Is Deemed Illegal,
: Judgment Vacated, Because
: Landlord Knew Tenant Was
: Dead

: 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

Follow Ups:

• Re: NYC: LL illegally evicts deceased tenant JJ 04/06/01 (0)
• Re: NYC: LL illegally evicts deceased tenant gary 04/06/01 (0)
• Re: NYC: LL illegally evicts deceased tenant TenantNet 04/06/01 (1)
  • Re: NYC: LL illegally evicts deceased tenant nyhawk 04/06/01 (0)

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Comments:
: I'm curious: who is the attorney / firm that represented the owner in this case?  
: Also:  Is it the policy of TenantNet not to post any specific discussions regarding attorneys / firms?  (I have previously made inquiries regarding attorneys but no response made it to the bulletin board.)  Please comment on the policy.

: : 
: :                      Eviction Is Deemed Illegal,
: :                      Judgment Vacated, Because
: :                      Landlord Knew Tenant Was
: :                      Dead 

: :                      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


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