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Landlord- Tenant Court Bounces Case After Trial- Wrong Court

by | Jun 7, 2023 | Firm News

The Queens County Civil Court dismissed our adversaries action to evict our client’s tenant after trial.  A multifamily home in Queens is the subject of an ownership dispute between our client and a former colleague. Our client has been renting out the third-floor residential premises for over a decade by written leases (even though he is not on the property’s deed).  After his former colleague made an adverse claim to title over the entire property- in a blatant “land grab”, he started an action to evict our third-floor tenants so he could keep the rent for himself. This was the adversaries second attempt to evict our tenants since we commenced an action to quiet title and sell the  four family home in the NY Supreme Court.  The result of the second case was same as the first- dismissal after trial.   The Civil Court agreed, that its limited jurisdiction precluded it from ruling on the validity of our clients lease, which for all intent and purposes was satisfactory to give the tenant possession of the premises.  The trial court further reasoned that only the Supreme Court had the power to rule that the lease was fraudulent and that our client was not an owner of the property who, therefore, lacked the authority to lease the third-floor unit.  Mohammad Rahman v. Felipe Torres, et al., Queens L&T Index No.: 307082/2021