Statement of Corporate Landlord's Attorney/President Insufficient

August 31, 1999

LVT Number: 13503

Corporate landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court-ordered agreement by which tenant agreed to pay back rent. Landlord later claimed that tenant hadn't paid the agreed-upon back rent. Landlord's attorney, which was also its president, submitted an attorney's affirmation in support of this claim. The court ruled that the attorney's affirmation wasn't sufficient. A sworn statement by someone with personal knowledge of the back rent was needed.

Corporate landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court-ordered agreement by which tenant agreed to pay back rent. Landlord later claimed that tenant hadn't paid the agreed-upon back rent. Landlord's attorney, which was also its president, submitted an attorney's affirmation in support of this claim. The court ruled that the attorney's affirmation wasn't sufficient. A sworn statement by someone with personal knowledge of the back rent was needed. Also, since by law a corporation must be represented in court by an attorney, it was a conflict for landlord's attorney to appear as both attorney and corporate president.

Miltifred Assocs., Inc. v. Fulford: NYLJ, p. 25, col. 3 (8/25/99) (Civ. Ct. Kings; Alterman, J)

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