Partnership Can Maintain Nonpayment Proceeding

May 31, 1996

LVT Number: 10643

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed the case should be dismissed. A prior nonpayment proceeding had been dismissed because landlord, a Delaware limited partnership, had failed to show that it had a certificate of authority to do business in New York. Landlord had since obtained the required certificate. The court ruled for tenant and dismissed the case. Landlord appealed. The prior nonpayment case was dismissed without prejudice, and landlord had since then obtained the required certificate.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed the case should be dismissed. A prior nonpayment proceeding had been dismissed because landlord, a Delaware limited partnership, had failed to show that it had a certificate of authority to do business in New York. Landlord had since obtained the required certificate. The court ruled for tenant and dismissed the case. Landlord appealed. The prior nonpayment case was dismissed without prejudice, and landlord had since then obtained the required certificate. Landlord was therefore entitled to proceed with the new nonpayment case.

Mecox Partners, L.P. v. Spencer: NYLJ, p. 26, col. 6 (5/30/96) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Davis, JJ)

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