Opinion
2007-1364 D C.
Decided June 2, 2009.
Appeal from a final judgment of the Justice Court of the Town of Fishkill, Dutchess County (Harold D. Epstein, J.), entered December 19, 2006. The final judgment, after a nonjury trial, awarded landlord the sum of $7,750 against Vicki Calder in a nonpayment summary proceeding.
Final judgment reversed without costs and petition, insofar as it is against Vicki Calder, dismissed.
PRESENT: RUDOLPH, P.J., TANENBAUM and SCHEINKMAN, JJ.
In this commercial nonpayment proceeding, landlord seeks to collect rent pursuant to a lease agreement naming appellant Vicki Calder as a cotenant. After the proceeding was commenced, landlord and the other cotenant named in the lease entered into a stipulation of settlement. Following a nonjury trial, the Justice Court awarded landlord $7,750 against appellant. We reverse.
As a general rule, a written lease is not enforceable absent delivery to the party to be charged ( see 219 Broadway Corp. v Alexander's, Inc., 46 NY2d 506, 511-512; Dlugosz v O'Brien, 36 AD3d 1035; 71 Main St. Assoc. v Grosso, 246 AD2d 776). "By requiring delivery, the law facilitates the true expectations of the parties by ensuring that the interest in the property is not conveyed until that moment when the parties so intend" ( 219 Broadway Corp., 46 NY2d at 512). In the instant proceeding, it is undisputed that there was no delivery of the written lease to appellant. Moreover, the evidence at trial showed that landlord never provided appellant with keys to the premises, and appellant never took possession of the premises or paid landlord rent.
As the lease never became effective against appellant, landlord had no basis to seek rent from appellant pursuant to that lease. Therefore, the final judgment against appellant is reversed and the petition dismissed as against appellant.
Rudolph, P.J., Tanenbaum and Scheinkman, JJ., concur.