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Warren A. Estis and Michael E. Feinstein

In September 2017, in the commercial summary holdover proceeding entitled Habibian v. Sudman’s Service & Diagnostics, NYLJ 1202798890970 (Dist. Ct. Nas. Co. Nov. 20, 2017) (Habibian), Judge Scott Fairgrieve of District Court, Nassau County, was presented with a novel question; namely, when title to the subject property is held in a trade or assumed name that is not itself a legal entity, who, if anyone, may bring a summary proceeding? The court answered that question by holding that the proceeding could properly be maintained by the natural person who was properly conducting business under the trade name which was reflected on the deed.

Background

The facts presented to the court in Habibian were as follows. In April 2017, the subject premises, a commercial property located in Hewlett, New York, was sold at a tax foreclosure sale. The deed, dated April 24, 2017, was executed by the Nassau County treasurer, Beaumont A. Jefferson, as grantor, and listed the grantee as “Frontpage Investments.”

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