Besmanoff v. Allen

Decision Date11 January 1989
Citation543 N.Y.S.2d 608,143 Misc.2d 309
PartiesAnita BESMANOFF, Landlord-Respondent, v. Eula ALLEN, Tenant-Appellant.
CourtNew York Supreme Court

Leonard S. Clark, Hempstead, Nancy M. Lugo and Victoria Osk, for appellant.

Before GEILER, J.P., and STARK and COLLINS, JJ.

PER CURIAM.

Appeal by tenant from a final judgment of the City Court, City of Long Beach, Nassau County (Fleischman, J.) entered December 7, 1987 awarding possession to landlord. 137 Misc.2d 706, 521 N.Y.S.2d 982.

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.

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6 cases
  • Desiano v. Fitzgerald
    • United States
    • New York City Court
    • 29 August 2016
    ...summary proceeding by showing landlord's title interest was transferred after the tenant took possession]; see also, Besmanoff v. Allen, 143 Misc.2d 309, 543 N.Y.S.2d 608 (App.Term 9th & 10th Jud.Dists., 1989) [same].It has been held, however, that the general rule is that a tenant is estop......
  • Desiano v. Fitzgerald, LT-676-15
    • United States
    • New York County Court
    • 29 August 2016
    ...to commence the summary proceeding by showing landlord's title interest was transferred after the tenant took possession]; see also, Besmanoff v . Allen , 143 Misc 2d 309, 543 N.Y.S.2d 608 (App. Term 9th & 10th Jud. Dists., 1989) [same]. It has been held, however, that the general rule is t......
  • 1521 Sheridan LLC v. Vasquez
    • United States
    • New York Civil Court
    • 22 June 2017
    ...attorney cites to Muzio v. Rogers, 20 Misc.3d 143[A], 867 N.Y.S.2d 367, 2008 WL 3874712 (App.Term 2nd Dep't 2008), Besmanoff v. Allen, 143 Misc.2d 309, 543 N.Y.S.2d 608 (App.Term 2nd Dep't 1989), Leyin Ouyang v. Cromelin, 45 Misc.3d 1201[A], 2014 N.Y. Slip Op. 51416[U], 2014 WL 4744640 (Civ......
  • Ouyang v. Cromelin
    • United States
    • New York Civil Court
    • 23 September 2014
    ...v. Sametz, 17 Misc. 728, 730 (Dist. Ct. 2nd Dist. N.Y. Co. 1896), especially in the absence of a substitution. Besmanoff v. Allen, 143 Misc.2d 309 (App. Term 2nd Dept.1989). However, the Court has the power under CPLR § 1018 to direct a substitution in a case such as this so long as the sub......
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1 books & journal articles
  • § 14.01 Operation of Condition of Limitation
    • United States
    • Full Court Press Negotiating and Drafting Commercial Leases CHAPTER 14 Conditions of Limitation and Defaults
    • Invalid date
    ...p. 22 (Nassau Co. Oct. 31, 2001), quoting Besmanoff v. Allen, 137 Misc.2d 706 (Long Beach Cty. 1987), reversed on other grounds, 143 Misc.2d 309 (App. Term 1989). [5] This is explained further in the discussion below regarding the three types of conditional limitation.[6] Matter of Miller v......

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