Besmanoff v. Allen
Decision Date | 11 January 1989 |
Parties | Anita BESMANOFF, Landlord-Respondent, v. Eula ALLEN, Tenant-Appellant. |
Court | New York Supreme Court |
Leonard S. Clark, Hempstead, Nancy M. Lugo and Victoria Osk, for appellant.
Before GEILER, J.P., and STARK and COLLINS, JJ.
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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