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Brocros Realty Corp. v. INTV, Inc.

(Civ. Ct. N.Y. Cty. 12/5/03)

Summary judgment for landlord denied where commercial tenant raised a triable issue of fact regarding whether the petition was issued by an authorized officer of the corporate petitioner. Corporate landlord was involved in a separate Supreme Court proceeding for the dissolution of its corporation. Tenant asserted that president of the corporate landlord commenced summary proceeding without the authority of the corporation, and the only reason the proceeding was commenced was to drag tenant into an internecine dispute among the shareholders of landlord corporation. Tenant asserted that pursuant to RPAPL ยง 721, the person claiming to be acting on behalf of the landlord in fact had no authority to do so and therefore has no standing to maintain the proceeding.  Link to Full Text of Decision

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