Wilson v. 30 Broad Street Associates, L.P.

OPINION OF THE COURT

Norman C. Ryp, J.

*258A. ISSUE

Whether a landlord, after commencing a nonpayment summary proceeding, but before issuance and execution of the warrant of eviction, learns of the existence and identity of a suboccupant tenant by acceptance of rent for five months and does not amend the petition or warrant before such execution, has wrongfully evicted such suboccupant tenant. An issue of first impression herein.

B. FACTS AND PROCEDURAL HISTORY

After trial, this court finds, in fact and law, that petitioner, John E. Wilson, has sustained his burden of proof, by a fair preponderance of…