Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-300346-22
Petitioner
1198 Decatur LLC
Respondent
Duane Foster, Alexander Rivie
Judge
Golden, Tashanna B.
Decision/Order Date
2024-01-09
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The landlord initiated eviction proceedings against the tenant, but the court suspended the case due to the appointment of a receiver for the property. The court found that the landlord lacked standing to pursue the eviction due to the receiver's control over the property and its occupants. The tenant's motion to stay the case was granted, and the court marked it off the calendar until the receiver decides to intervene or the bankruptcy and foreclosure proceedings are completed.Key Legal Points:A receiver's appointment restricts the landlord's power to litigate regarding the property.Only the receiver, not the landlord, has the authority to manage and dispose of the property.The court prioritizes the plain meaning of legal orders when interpreting them.Pending bankruptcy and foreclosure proceedings, the eviction case against the tenant is put on hold.|LT_300346_22.pdf
Recommended Citation
"1198 Decatur LLC v. Duane Foster, Alexander Rivie" (2024). All Decisions. 1297.
https://ir.lawnet.fordham.edu/housing_court_all/1297
