Eviction Proceeding Was Improperly Dismissed Without Trial

Landlord sued to evict an unregulated tenant who, in turn, claimed improper apartment deregulation and rent overcharge. Tenant also asked the court to dismiss the case and asked for attorney's fees. The court ruled for tenant, dismissing the case after finding that Jacin Invs. Corp. N.V. wasn't the landlord and therefore lacked standing to pursue the holdover. Co-petitioner Jacin Investors LLC appealed, and the case was reopened. It was error to dismiss the petition of Jacin Investors LLC on the grounds that it was a foreign limited liability company that lacked a certificate of authority to do business in New York. Tenant had waived any defense based on lack of capacity to sue by not raising it in her answer or in a pre-answer motion to dismiss. The appeals court reinstated the petition and vacated the ruling that tenant was the prevailing party entitled to attorneys' fees. The case was sent back to the court for consideration of all issues.

Jacin Invs. Corp. N.V. v. Von Vogt: Index No. 570249/23, 2023 NY Slip Op 51120(U)(App. T. 1 Dept.; 10/23/23; Brigantti, JP, Tisch, Michael, JJ)