Rent Demand Not Issued by Landlord or Agent

May 31, 2002

LVT Number: 15869

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because the rent demand wasn't issued by landlord or its agent. Tenant claimed that she didn't know the named petitioner, never had business dealings with petitioner, and never paid rent to petitioner. The court ruled for tenant and dismissed the case. Petitioner wasn't the landlord named on the lease. A member of the petitioner LLC said he did business under an assumed name as landlord, but there was no proof of this. Landlord can't amend the rent demand.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because the rent demand wasn't issued by landlord or its agent. Tenant claimed that she didn't know the named petitioner, never had business dealings with petitioner, and never paid rent to petitioner. The court ruled for tenant and dismissed the case. Petitioner wasn't the landlord named on the lease. A member of the petitioner LLC said he did business under an assumed name as landlord, but there was no proof of this. Landlord can't amend the rent demand.

200-202 W. 107th St. LLC v. Braun: NYLJ, 5/1/02, p. 23, col. 2 (Civ. Ct. NY; Schreiber, J)

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