Landlord Didn't Name Subtenant in Court Papers

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in which tenant agreed to pay the back rent. When tenant didn't do so, landlord asked the court to issue an eviction warrant. The court ruled for landlord. Subtenant then asked the court to vacate the judgment and the eviction warrant. She claimed that she had contacted landlord several times and that landlord had indicated he would allow her to remain in the apartment as a tenant or would give her a lease. As a result, she spent several thousand dollars making repairs and improvements to the apartment. The court ruled for subtenant. Landlord clearly knew or should have known that subtenant lived in the apartment, but didn't name her as a party to the nonpayment case. So landlord's petition was fatally defective, and the case was dismissed.

Becker v. Atwell: NYLJ, p. 31, col. 2 (12/29/99) (Civ. Ct. Kings; Marton, J)