Century Realty v. Grass

OPINION OF THE COURT

David B. Saxe, J.

The principal issue that I must resolve in these two motions to dismiss consolidated for disposition in the context of commercial holdover proceedings is as follows: May a summary petition that is defective due to the fact that the named petitioner is not the legal record owner of the premises be amended to clarify the petitioner’s interest as the net lessee of the premises and if so, does a net lessee have standing to bring these proceedings?

I hold that the petition is amendable and that a net lessee of premises has standing to commence summary…