New Landlord Bound by Receiver's Agreement

LVT Number: 12235

New landlord asked the court to vacate a 1993 agreement signed by tenant and prior landlord-receiver in a nonpayment case. The court ruled against landlord, and landlord appealed and lost. The receiver had been authorized to bring the nonpayment case and to give tenant a two-year lease as part of a settlement. The receiver's attorney was authorized to negotiate the settlement, and it benefited the receivership and the building by resolving a substantial rent overcharge claim by tenant.

New landlord asked the court to vacate a 1993 agreement signed by tenant and prior landlord-receiver in a nonpayment case. The court ruled against landlord, and landlord appealed and lost. The receiver had been authorized to bring the nonpayment case and to give tenant a two-year lease as part of a settlement. The receiver's attorney was authorized to negotiate the settlement, and it benefited the receivership and the building by resolving a substantial rent overcharge claim by tenant.

Levine v. Dickman: NYLJ, p. 28, col. 4 (3/2/98) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)