Ferro v. Lawrence

*530OPINION OF THE COURT

Memorandum.

Order unanimously affirmed without costs.

A landlord’s attorney/agent is not a person authorized to initiate a summary proceeding in his or her own name, a defect that is not cured by captioning the proceeding in the name of a proper party in interest (RPAPL 721; Key Bank of N.Y. v Becker, 88 NY2d 899, 900 [1996]; Whelan v Veltre, 2002 NY Slip Op 40081 [U] [App Term, 9th & 10th Jud Dists 2002]; cf. RPAPL 741). Moreover, landlord’s April 4, 2002 termination notice (Real Property Law § 232-b), purporting to terminate the tenancy as of the 6th of the following…