Tacfield Assoc., LLC v Davis

[*1] Tacfield Assoc., LLC v Davis 2014 NY Slip Op 50531(U) 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 21, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : ALIOTTA, J.P., PESCE and WESTON, JJ
2012-2173 K C.

Tacfield Associates, LLC, Respondent,

against

William Davis and MARION DAVIS, Appellants.

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