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Re: NYC: LL illegally evicts deceased tenant

Posted by court watcher on April 05, 2001 at 19:46:49:

In Reply to: NYC: LL illegally evicts deceased tenant posted by Anna on April 04, 2001 at 22:05:00:

I'm curious: who is the attorney / firm that represented the owner in this case?
Also: Is it the policy of TenantNet not to post any specific discussions regarding attorneys / firms? (I have previously made inquiries regarding attorneys but no response made it to the bulletin board.) Please comment on the policy.

: Eviction Is Deemed Illegal,
: Judgment Vacated, Because
: Landlord Knew Tenant Was
: Dead

: IN WHAT WAS called a licensee holdover
: proceeding, respondent did not appear.
: Unknown to the court, respondent had died.
: Landlord was granted a judgment of
: possession. After the contents of the
: apartment were removed in an eviction, the
: apartment was rented to someone else. Nine
: months later, the estate of the deceased tenant
: of record moved to vacate the judgment. At
: issue was whether the eviction was legal. The
: court found that the eviction was not legal. The
: estate showed that when "nail and mail"
: service was made, the landlord and its counsel
: had known that respondent was dead and also
: knew the identity and address of the estate's
: representative and counsel. The court rejected
: landlord's arguments that the new tenant was
: a necessary party and that the estate had
: waited too long to make the motion. The
: judgment and warrant were vacated.
: 1111 Realty Assoc. v. Doe, Kings, Civil Court,
: Housing Part F, Judge Marton.

: *******
: Hopefully, this judge will through the book at both the landlord and his attorneys! This is from the decision:

: " Finally, since it seems that
: petitioner's attorneys- "specialists in summary proceedings
: [who] frequently appear in this court," East Harlem at 782-
: may have engaged in the conduct of frivolous litigation, as
: defined in 22 NYCRR Part 130-1.1, the court recalls this
: matter for a hearing at 2:30 PM on Thursday April 19, 2001
: to determine whether to award costs and/or to impose
: sanctions under that provision."

: from 4/4/01

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