Haros v. Piskorz

OPINION OF THE COURT

William D. Friedmann, J.

Can a fired superintendent be evicted through summary proceedings from an apartment incidental to his employment, when he was the employee not of the petitioner landlord, but of the landlord’s managing agent (RPAPL 713, subd 11).

In seeking to dismiss landlord’s petition (CPLR 3211), the fired superintendent relies upon the recent decision in 200 Cent. Park South Assoc. v Copersino (118 Misc 2d 587). In that case summary judgment was effectively denied to a landlord, by the holding that it was not the proper party to bring a holdover proceeding,…