[*1]
Reade Broadway Assoc. v Capogrosso
2005 NY Slip Op 51827(U) [9 Misc 3d 139(A)]
Decided on November 10, 2005
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 10, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: NOVEMBER 10, 2005 JANUARY 2005 TERM McCOOE, J.P., DAVIS, SCHOENFELD, JJ.
570578/04

Reade Broadway Associates, Petitioner-Landlord-Respondent,

against

Eleanor Capogrosso, Respondent-Tenant-Appellant.


Tenant appeals from a final judgment of the Civil Court, New York County, entered on or about March 25, 2004 after a nonjury trial (Peter H. Moulton, J.) which awarded landlord possession and a recovery of rent arrears in the sum of $46,358.68 in a nonpayment summary proceeding.


PER CURIAM:

Final judgment entered on or about March 25, 2004 (Peter H. Moulton, J.) affirmed, with $25 costs.

Having expressly acknowledged petitioner's status as "landlord" under the parties' written lease agreement, tenant may not challenge petitioner's right to maintain the within nonpayment summary proceeding. Proof of ownership is not a prerequisite to the maintenance of a summary proceeding pursuant to RPAPL § 721, which authorizes such proceedings by "landlord or lessor" (see 3 Dolan, Rasch's Landlord and Tenant-Summary Proceedings § 43:12 [4th ed]).
This constitutes the decision and order of this Court. [*2]
Decision Date: November 10, 2005