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Kim Courtney
Kim Courtney,
Category: Legal
Satisfied Customers: 4195
Experience:  Founder/Member at Food Business Association
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A (an LLC) moves to evict B (a commercial tenant) from ...

Customer Question

A (an LLC) moves to evict B (a commercial tenant) from property C.

A testifies that LLC is owner of C.

B claims in response papers that A is not the owner of C.

B is evicted.

Later A testifies that an individual is the owner of C and not an LLC.

Is this grounds to vacate the decision?

What is the applicable law.
Submitted: 8 years ago.
Category: Legal
Expert:  Kim Courtney replied 8 years ago.

Hello, I am happy to answer your question.

I have a question. Was the testimony of A that an individual is the owner of C in the same court proceeding, or another case? Was it in the same state?

You are correct that an entity other than the owner of property C can not evict a tenant, but it must be examined whether that initial court proceeding can be reopened at this time.

Can you also tell me the exact court that the eviction proceeding was in, and what the date of the judgment was?



Customer: replied 8 years ago.
it was not in original eviction proceeding.

new york civil court - feb 28, 2007

new owner claim in documents filed in april 2008.
Expert:  Kim Courtney replied 8 years ago.

Ok, my first question is whether you have searched the property records (see to verify who owns the property now, and who owned it in february 2007. Is there a chance that the property was transferred from the LLC to the individual? You should be really sure about this before you even think of moving forward.

Here is what you would need to do if you feel that you have the proper evidence before you:

You have already passed the 30 days to make a motion for an appeal.

Your only option is to make a motion to vacate the order of the court. This will be entirely up to the judge whether he allows your motion to go forward, but if you attach compelling information showing that the plaintiff in your case was actually NOT the owner of the property at the time of the proceeding, then it seems to me that you have a pretty solid shot.

I hope this was helpful, and best of luck to you.



Kim Courtney and 3 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
thank you.
Expert:  Kim Courtney replied 8 years ago.
No problem, take care.

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