Besmanoff v. Allen — 143 Misc. 2d 309

Majority

p. 309

Anita Besmanoff, Respondent, v Eula Allen, Appellant.

Supreme Court, Appellate Term, Second Department,

January 11, 1989

APPEARANCES OF COUNSEL

Leonard, S. Clark, Nancy M. Lugo and Victoria Osk for appellant.

OPINION OF THE COURT

Memorandum.

Final judgment unanimously reversed, without costs, and matter remanded for all further proceedings.

In view of tenant’s undisputed assertion on appeal that landlord has sold the premises, which assertion is supported by documentary evidence, and in view of the fact that no substitution of parties has been made, the petition must be dismissed upon an appropriate application by the tenant in the court below.

Geiler, J. P., Stark and Collins, JJ., concur.