Ferber v. Salon Moderne, Inc.

*946OPINION OF THE COURT

Order dated July 9, 1996 reversed, with $10 costs, tenant’s cross motion to dismiss the petition is denied, and the petition is reinstated.

Petitioner landlord leased commercial premises to tenant in his own name as "Owner”. Landlord warranted that he was authorized to execute the lease, to grant the subject leasehold estate, and that he had indefeasible and marketable fee simple title. In fact, landlord’s wife holds title, landlord having conveyed it to her in 1979 for "estate planning” purposes.

Upon tenant’s default in payment of rent, petitioner commenced this nonpayment…