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Nonpayment case - building being sold

NYC Housing Court Practice/Procedures

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Nonpayment case - building being sold

Postby shirts and shoes » Fri Dec 02, 2005 3:18 pm

I have a nonpayment case and my LL is about to transfer the building. Does the case get dismissed or can I still carry on with counterclaims with the new owner? Does anyone know what happens wiht pending housing court cases because of a change in ownership?
shirts and shoes
 
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Re: Nonpayment case - building being sold

Postby Anna » Sat Dec 03, 2005 7:37 pm

After title has been conveyed to a new owner, the old owner cannot maintain the eviction proceeding: if you bring a certified copy of the new deed to court (and properly request dismissal), the judge must dismiss the proceeding. The new owner can then start a new proceeding & you can assert all the same defenses & counterclaims, plus others you may not have known about...

OTOH, the new owner can file a motion, with proper documentation, to be substituted as petitioner & continue the current proceeding.
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Re: Nonpayment case - building being sold

Postby shirts and shoes » Sun Dec 04, 2005 12:32 pm

Thanks Anna. Sounds like I could be in court for years. It's a lot more complicated than I thought it would be.

<small>[ December 04, 2005, 11:33 AM: Message edited by: red hair ]</small>
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