WOODMONT RAMAPO LLC v. PARKS (2024)

ORDERED that the order is affirmed, without costs.

In this nonpayment proceeding commenced in 2020, tenant moved in September of 2021 to dismiss the petition based on petitioner's lack of standing, alleging that “petitioner is not in possession of the subject property.” The Justice Court denied tenant's motion, finding that he was estopped from challenging petitioner's standing as a result of a payment by the Emergency Rental Assistance Program (ERAP) that, it was undisputed, was credited to an account in tenant's name.

Nothing in the appellate record supports a finding that tenant acknowledged any entity, whether it be petitioner or another entity, as his landlord based upon an ERAP payment. However, tenant's motion was properly denied, albeit on a different ground. The only evidence he submitted to the Justice Court in support of this motion indicates that the building was under new management as of March 3, 2021, which is insufficient to prove, as a matter of law, that petitioner is no longer his lessor. As such, tenant failed to meet his burden on his motion to dismiss for lack of standing (see MLB Sub I, LLC v Bains, 148 AD3d 881 [2017]; Brunner v Estate of Lax, 137 AD3d 553 [2016]; Lopes v Liberty Mut. Ins. Co., 24 Misc 3d 127[A], 2009 NY Slip Op 51279[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2009]).

Accordingly, the order is affirmed.

McCORMACK, J.P., WALSH and GOLDBERG-VELAZQUEZ, JJ., concur.