In Ferber v. Salon Moderne, Inc.,174 Misc 2d 945, 668 N.Y.S.2d 864 [App Term, First Dept, 1997], a summary non-payment proceeding, the petitioner leased commercial premises to the respondent tenant in his own name as "Owner." Petitioner warranted that he was authorized to execute the lease, to grant the subject leasehold estate, and that he had indefeasible and marketable fee simple title. Actual title of the premises, however, was in the name of petitioner's wife, petitioner having conveyed title to her in 1979 for "estate planning" purposes. The trial court dismissed the proceeding on the ground that petitioner did not have good title. The Appellate Term reversed holding that since tenant defaulted in the payment of rent pursuant to the agreement under which the premises were held, "a summary proceeding for possession may be brought by the landlord or lessor' (RPAPL 721, subd. 1; 711, subd. 2)" (Ferber, supra at 946). The Court went onto hold that "[q]uestions of title or ownership are not litigated in summary proceedings (id., citing Mason v. Foxcroft Village, Inc., 67 AD2d 1012, 1013, 413 N.Y.S.2d 255 [3rd Dep't 1979]; Matter of Mahshie v. Dooley, 48 Misc 2d 1098, 1100, 266 N.Y.S.2d 661 [1965] ). Notably, the petitioner's wife in Ferber ratified petitioner's authority to enter into leases, including the particular lease with the respondent and waived any claim for rent due under the lease (id.).