From Casetext: Smarter Legal Research

Reade Broadway Assoc. v. Capogrosso

Appellate Term of the Supreme Court of New York, First Department
Nov 10, 2005
2005 N.Y. Slip Op. 51827 (N.Y. App. Term 2005)

Opinion

570578/04.

Decided November 10, 2005.

Tenant appeals from a final judgment of the Civil Court, New York County, entered on or about March 25, 2004 after a nonjury trial (Peter H. Moulton, J.) which awarded landlord possession and a recovery of rent arrears in the sum of $46,358.68 in a nonpayment summary proceeding.

Final judgment entered on or about March 25, 2004 (Peter H. Moulton, J.) affirmed, with $25 costs.

PRESENT: McCOOE, J.P., DAVIS, SCHOENFELD, JJ.


Having expressly acknowledged petitioner's status as "landlord" under the parties' written lease agreement, tenant may not challenge petitioner's right to maintain the within nonpayment summary proceeding. Proof of ownership is not a prerequisite to the maintenance of a summary proceeding pursuant to RPAPL § 721, which authorizes such proceedings by "landlord or lessor" ( see 3 Dolan, Rasch's Landlord and Tenant-Summary Proceedings § 43:12 [4th ed]).

This constitutes the decision and order of this Court.


Summaries of

Reade Broadway Assoc. v. Capogrosso

Appellate Term of the Supreme Court of New York, First Department
Nov 10, 2005
2005 N.Y. Slip Op. 51827 (N.Y. App. Term 2005)
Case details for

Reade Broadway Assoc. v. Capogrosso

Case Details

Full title:READE BROADWAY ASSOCIATES, Petitioner-Landlord-Respondent, v. ELEANOR…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Nov 10, 2005

Citations

2005 N.Y. Slip Op. 51827 (N.Y. App. Term 2005)