New Landlord Is Owner Who Can Bring Case

After buying a building, landlord sued to evict tenants for owner occupancy. The sales agreement stated that former landlord would deliver the building with the first three floors vacant. Tenants argued that new landlord couldn't sue to evict them because former landlord hadn't met that condition of the sale. The court ruled that new landlord couldn't sue to evict tenants because sale of the building was incomplete, since former landlord hadn't met the first-three-floors'-vacant condition of sale. New landlord appealed, and the appeals court ruled that she was an ''owner'' who could sue to evict tenants for owner occupancy. New landlord had agreed in writing to let the sale go forward, even though former landlord hadn't met all its obligations under the sales agreement. And tenants shouldn't benefit from former landlord's alleged wrongdoing. The court sent the case back for a trial on the merits.

Schmidt-Sarosi v. Doe: NYLJ, p. 27, col. 2 (10/27/94) (App. T. 1 Dept.; Miller, JP, McCooe, Glen, JJ)