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Landlord & Tenant Law
Notice Sufficient In Action to Eject Occupant
769 East LLC v. Ofori 2024 WL 1559057 AppDiv, First Dept. (memorandum opinion)
In property owner's ejectment action against an occupant of the second floor, property owner appealed from Supreme Court's denial of its summary judgment motion. The Appellate Division reversed and granted the summary judgment motion, holding occupant had not submitted evidence sufficient to rebut the presumption of ownership.
Property owner submitted a certified copy of a 2019 deed to establish its ownership of a single-family property, and sought to eject an occupant who was on the second story without the owner's consent. In response, the occupant questioned the authority of the person who signed the deed on behalf of the transferor, and questioned the notice of termination served by property owner. Supreme Court denied the owner's summary judgment motion, and owner appealed.
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