| Tacfield Assoc., LLC v Davis |
| 2014 NY Slip Op 50531(U) [43 Misc 3d 129(A)] |
| Decided on March 21, 2014 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a final judgment of the Civil Court of the City of New York, Kings
County (Inez Hoyos, J.), entered November 23, 2011. The final judgment, after a nonjury
trial, awarded landlord possession and the principal sum of $26,088.33.
ORDERED that the final judgment is affirmed, without costs.
In this nonpayment summary proceeding, a final judgment was entered, after a nonjury trial, awarding Tacfield Associates, LLC possession and the principal sum of $26,088.33. The Civil Court found, among other things, that Tacfield Associates, LLC was the proper party to bring this proceeding. On appeal, tenants argue that Tacfield Associates, LLC was not the proper party to bring the proceeding.
Pursuant to RPAPL 721 (1), a "landlord or lessor" is entitled to maintain a summary proceeding (see Mirra v Pattee, 19 Misc 3d 142[A], 2008 NY Slip Op 51031[U] [App Term, 2d & 11th Jud Dists 2008] 100 Apt. Assoc., Inc. v Estavillo, 18 Misc 3d 67 [App Term, 9th & 10th Jud Dists 2007]). As the record demonstrates that tenants recognized Tacfield Associates, LLC as their lessor, the final judgment is affirmed (see Parkway Assoc. v Berkoff, NYLJ, Mar. 7, 1995 at 29, col 2 [App Term, 9th & 10th Jud Dists 1995]).
Aliotta, J.P., Pesce and Weston, JJ., concur.
Decision Date: March 21, 2014