| Dixon v Fanny Grunberg & Assoc., LLC |
| 2004 NY Slip Op 50943(U) |
| Decided on August 6, 2004 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Respondent Fanny Grunberg and Associates, LLC appeals from an order of the Civil Court, New York County, dated August 14, 2002 (Larry S. Schachner, J.) which, after a hearing, granted petitioner's application to be restored to possession of the premises.
PER CURIAM:
Order dated August 14, 2002 (Larry S. Schachner, J.) affirmed, with $10 costs.
Civil Court properly determined after a hearing that petitioner should be restored to the apartment premises last leased to his mother, the deceased tenant of record (see RPAPL § 713[10]). The record supports a finding that petitioner's former wife, Patricia Dixon, had no actual authority to surrender the premises on or about May 15, 2002. Even assuming that the respondent owner could reasonably rely upon Patricia Dixon's representations (but see, Hallock v State of New York, 64 NY2d 224, 231 [1984] [essential to the creation of apparent authority are words or conduct of the principal]), respondent was advised in writing by petitioner on or about [*2]June 25, 2002 that he was asserting possessory rights.[FN1] Contrary to respondent's contention, the existence of a landlord and tenant relationship is not a sine qua non to the maintenance of a forcible entry and detainer summary proceeding under RPAPL 713[10] (see 2 Dolan, Rasch's Landlord and Tenant - Summary Proceedings § 36:4 [4th ed]; see also RPAPL 721[4]).
In affirming the order of restoration, we express no view on petitioner's potential succession claim.
This constitutes the decision and order of the court.