Petition of Limited Partnership Landlord Defective

March 1, 1999

LVT Number: 13055

Landlord sued to evict tenant for nonpayment of repair charges for conditions created by tenant, which landlord had added to tenant's rent. Tenant claimed that landlord's petition was defective. Landlord had signed his name to the notice of default in rent payment as ''Barry Mark, landlord.'' But the petition was brought by ''Atlantic Realty Holdings, L.P.'' Individual landlord had deeded the building to his own limited partnership sometime after he bought the building. But this wasn't indicated in the default notice.

Landlord sued to evict tenant for nonpayment of repair charges for conditions created by tenant, which landlord had added to tenant's rent. Tenant claimed that landlord's petition was defective. Landlord had signed his name to the notice of default in rent payment as ''Barry Mark, landlord.'' But the petition was brought by ''Atlantic Realty Holdings, L.P.'' Individual landlord had deeded the building to his own limited partnership sometime after he bought the building. But this wasn't indicated in the default notice. Since the default notice didn't name the proper landlord, this was a fatal procedural defect. The court ruled for tenant and dismissed the case.

Atlantic Realty Holdings, L.P. v. Lee: NYLJ, p. 29, col. 6 (2/3/99) (Civ. Ct. Richmond; Straniere, J)

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