premises shows that:". In support of its motion, the Tenant cites one case, Ferro v.
Lawrence, 195 Misc 2d 529, 285 NYS2d, 460 (App. Term - 2nd Dept. 2002) which states,
"A landlord's attorney/agent is not a person authorized to initiate a summary proceeding in his or
her own name ...".
In the instant action, the caption of the Petition and Notice of Petition clearly state that Lenn
Property, LLC is the Petitioner. The contents of the Notice of Petition clearly states, ... on the
annexed Petition of Lenn Property, LLC, Landlord, which prays for a final judgment of eviction,
awarding to Petitioner the possession of the premises ...".
The Tenant's reliance on Ferro, supra , is misplaced. Here, the Landlord did institute
the summary proceeding in its own name. The one sentence in the body of the Petition which
states that Louis DeVito is the agent of the owner/landlord does not alter the fact that the
Landlord is the petitioner and the instant action was brought in the name of the Landlord, the
proper party. Also, in Ferro, supra , that action involved an individual petitioner while
the instant action involves a limited liability company and Mr. DeVito testified he acted as the
Manager or Managing Agent for the Landlord, limited liability company and the Tenant has
failed to prove Louis DeVito was not authorized to act on behalf of the Landlord.
In a similar case, Gamliali v. Tower of David, 94 Misc 2d 763, 405 NYS2d 570
(Civ. Ct. Kings Co. 1978), the caption of the petition named the landlord "by" his attorney. Its
preamble read, "The petition of Moshe Gamliali by Herbert M. Feinsod respectfully shows
that:". The court held in relevant part at page 764:
The landlord is thus designated as the petitioner albeit with a further statement that he is