Summary
In Dixon the death certificate showed that Dixon was the informant and that the premises at issue was Dixon's address; here petitioner did not offer the death certificate and did not offer an explanation for not offering the death certificate.
Summary of this case from Chow v. 86 Bay LLCOpinion
570490/03.
Decided August 6, 2004.
Respondent Fanny Grunberg and Associates, LLC appeals from an order of the Civil Court, New York County, dated August 14, 2002 (Larry S. Schachner, J.) which, after a hearing, granted petitioner's application to be restored to possession of the premises.
Order dated August 14, 2002 (Larry S. Schachner, J.) affirmed, with $10 costs.
PRESENT: HON. WILLIAM P. McCOOE, J.P. HON. WILLIAM J. DAVIS HON. MARTIN SCHOENFELD, Justices.
Civil Court properly determined after a hearing that petitioner should be restored to the apartment premises last leased to his mother, the deceased tenant of record ( see RPAPL § 713). The record supports a finding that petitioner's former wife, Patricia Dixon, had no actual authority to surrender the premises on or about May 15, 2002. Even assuming that the respondent owner could reasonably rely upon Patricia Dixon's representations ( but see, Hallock v. State of New York, 64 NY2d 224, 231 [essential to the creation of apparent authority are words or conduct of the principal]), respondent was advised in writing by petitioner on or about June 25, 2002 that he was asserting possessory rights. Contrary to respondent's contention, the existence of a landlord and tenant relationship is not a sine qua non to the maintenance of a forcible entry and detainer summary proceeding under RPAPL 713 ( see 2 Dolan, Rasch's Landlord and Tenant — Summary Proceedings § 36:4 [4th ed]; see also RPAPL 721).
Testimony credited by the Civil Court connects petitioner to the premises, and the death certificate provided to respondent identifies petitioner as "informant" and sets forth his address at the subject apartment.
In affirming the order of restoration, we express no view on petitioner's potential succession claim.
This constitutes the decision and order of the court.