Appellate Terms of the Supreme Court of New York, 1989

Besmanoff v. Allen

Appellate Terms of the Supreme Court of New York · Decided January 11, 1989

143 Misc. 2d 309; 543 N.Y.S.2d 608; 1989 N.Y. Misc. LEXIS 398

Counsel

APPEARANCES OF COUNSEL, Leonard, S. Clark, Nancy M. Lugo and Victoria Osk for appellant.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

Final judgment unanimously reversed, without costs, and matter remanded for all further proceedings.

In view of tenant’s undisputed assertion on appeal that landlord has sold the premises, which assertion is supported by documentary evidence, and in view of the fact that no substitution of parties has been made, the petition must be dismissed upon an appropriate application by the tenant in the court below.

Geiler, J. P., Stark and Collins, JJ., concur.

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