Green Point Savings Bank v. Fusco

In Green Point Savings Bank v. Fusco, 1/4/ 95 NYLJ 31:2 (Civ Ct Kings County), an analogous Second Department holdover proceeding grounded in foreclosure, the former owner of the premises there sought dismissal of that proceeding on the ground that the premises lacked a current MDR. In denying the respondent's application, the Court reasoned that: The intent of (22 NYCRR 208.42 and the Multiple Dwelling Law) would not be furthered by extending the registration requirements to proceedings where there is no existing landlord-tenant relationship. For example, in the within proceeding, the respondent is the former landlord of the premises who defaulted in the mortgage payments resulting in the foreclosure sale and acquisition of the deed by petitioner, the mortgagor. To bar petitioner from bringing the within action until it registered itself with the building dept. as "landlord" or "managing agent" responsible for maintenance of the premises so that respondent would be readily able to contact petitioner in event of emergency is well beyond the intent of the statutes.