Apartment Was Properly Identified in Court Papers

June 26, 2018

LVT Number: #28479

Landlord sued to evict tenant from cooperative apartment. The court granted tenant's request to dismiss the case, finding that the apartment wasn't properly identified in the court papers. Landlord appealed and won. The proprietary lease described the unit as Apartment 9C, a shorthand designation to distinguish Apartment C at 309 West 82nd Street from Apartment C at 307 West 82nd Street, the adjacent next-door building that was part of the same co-op.

Landlord sued to evict tenant from cooperative apartment. The court granted tenant's request to dismiss the case, finding that the apartment wasn't properly identified in the court papers. Landlord appealed and won. The proprietary lease described the unit as Apartment 9C, a shorthand designation to distinguish Apartment C at 309 West 82nd Street from Apartment C at 307 West 82nd Street, the adjacent next-door building that was part of the same co-op. The description of the apartment was sufficient to enable the marshal to locate the unit for eviction and sufficient for tenant to understand what apartment was referred to. Tenant hadn't objected to the designation in court.

307 W. 82nd St. Housing Corp. v. Zacharias: 59 Misc.3d 148(A), 2018 NY Slip Op 50785(U) (App. T. 1 Dept.; 5/30/18; Shulman, PJ, Gonzalez, Edmead, JJ)

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