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MARSHAL'S WARRANT IS DEFECTIVE, NEW OWNER NOT JOINED AS A PARTY AS LANDLORD

Posted by jamie on February 21, 1999 at 15:40:00:

The old landlord had a judgment for possession and money, but sold the building october 10, 1998 and never had a marshal requisition warrant. New owner is not registered with DHCR and doesn't have a current multiple dwelling reg. or managing agent after sale. New landlord is illegally collecting rent in a realty company's name that doesn't have interest in the property as agent or owner. New landlord does not have right in housing to make a CPLR motion 1018 to succeed as a party for a warrant to be issued by law. SO OLD LANDLORD ASKED MARSHAL TO REQUISITION A WARRANT ILLEGALLY OCTOBER 30, 1998, so that new landlord could get possession without making a motion to become a party or register with the city or state. What can be done in an action for fraud or illegal eviction in supreme court against the prior & present landlord and lawyer who misrepresented to the court? Can marshal execute warrant knowing parties are improper on warrant?

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