My Coop-Owner Landlord Sued For NonPayment, & I'm Not Na

[Kryon77]

I rent from an owner of a coop unit, who is getting sued for nonpayment by the Coop in a summary proceeding. The suit, procedurally, is the same as if the coop owner was a simple renter, rather than an owner of a proprietary lease. Because I'm I rent from the Coop owner, who in turn has a proprietary lease, I'm a sub-lessee.

And I'm an open sublessee. When I moved in, my landlord gave the Coop a photocopy containing my NY State ID and social security card, I come and go openly, name is on the mailbox, etc.

And, I wasn't named in the nonpayment suit. THere isn't even a "John Doe." Just the Coop v. the unit owner and "All Rooms in the Apartment."

Google is a poor substitute for Lexis or Westlaw, which I cannot pay for, and I haven't has a chance to go to a law library yet. But from Google, I seem to have found a couple precedents to the effect that I can vacate any judgment and/or vacate the warrent that would boot me from the apartment, if the petitioner fails to name me or join me as a party. Then the petitioner would have to start a new action against me, which would at least give me more time. Anyone have any knowledge as to whether this is right? And if the petitioner has to start a new action against me, wouldn't it be a holdover action, allowing me to get a stay if I have trouble finding a new place?

But the sitution is more complex. The Coop is suiing my landlord for failing to pay maintenance in 2 units, the one where she lives and the one where I live. With regard to her unit, she may have a grounds for a stay, because that place needs repairs. But my place doesn't really need repairs, or at least not too urgently. Does the court have the discretion -and if so, would the judge decide - to stay eviction regarding both units, when only 1 unit needs to be repaired? But the answer to this latter question may depend on what I'll find out later today by visiting the Queens housing court; I'm still not sure if there is 1 suit, with a single index number, or 2 separate suits, specific to each coop unit.

Any help here would be very much appreciated. All of the preceding may not sound panicky, but it is. I don't need to be dealing with a summary proceeding right now, when I don't know where else I can live.

[Anna]

Eviction laws, RPAPL, are available on TN.
Booklets summarizing these laws are also.
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You can find summaries of L&T caselaw for the past ten years on TN in HCDs and can find about 5 years worth of actual decisions [searchable] free online on NYSlip, WestLaw, and LexisOne.com
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