Summary
reversing lower court's award in holdover proceeding of judgment of possession to petitioner based on respondent-tenant's undisputed assertion that landlord had sold the premises and no substitution of parties had been made
Summary of this case from 1521 Sheridan LLC v. VasquezOpinion
January 11, 1989
Appeal from the City Court of the City of Long Beach, Nassau County, Jerome B. Fleischman, J.
Leonard S. Clark, Nancy M. Lugo and Victoria Osk for appellant.
MEMORANDUM.
Final judgment unanimously reversed, without costs, and matter remanded for all further proceedings.
In view of tenant's undisputed assertion on appeal that landlord has sold the premises, which assertion is supported by documentary evidence, and in view of the fact that no substitution of parties has been made, the petition must be dismissed upon an appropriate application by the tenant in the court below.
GEILER, J.P., STARK and COLLINS, JJ., concur.