'Respondent' Proved He Wasn't Building's Landlord

LVT Number: 17142

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) DOB issued four violation notices to respondent, listing him as landlord of the building. Respondent claimed that he wasn't landlord. The inspector stated that he named respondent, an individual, as landlord because he was the president of the corporate owner of the building. ECB ruled for respondent and dismissed the violations. No proof was presented that respondent had control over the building. He wasn't a proper party to the violation notices.

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) DOB issued four violation notices to respondent, listing him as landlord of the building. Respondent claimed that he wasn't landlord. The inspector stated that he named respondent, an individual, as landlord because he was the president of the corporate owner of the building. ECB ruled for respondent and dismissed the violations. No proof was presented that respondent had control over the building. He wasn't a proper party to the violation notices. The building was owned by a corporation and operated by an LLC that was the net lessee of the building.

City of New York v. Schwartz: ECB Order No. 34399852Z et al. (1/26/04) [1-pg. doc.]

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