Muzio v. Rogers

In Muzio v. Rogers, 20 Misc 3d 143[A], 867 N.Y.S.2d 376, 2008 NY Slip Op 51763[U] [App Term, 9th & 11th Jud Dists, 2008], a case almost directly on point, thepetitioners commenced a nonpayment summary proceeding in June 2005, claiming to be the owners of the premises in question. The trial court found that petitioners had been divested of title to the property in question as of May 5, 2004 when the property was conveyed to another party as a result of a tax sale. In affirming the trial court's dismissal of the proceeding, the Appellate Term held that "after the conveyance of the property . . . petitioners were no longer the "landlords or lessors. . . and they thus lacked standing to maintain this proceeding. Consequently, the court below properly dismissed the proceeding" (id).