In Fa Wah Management, Inc. v. Alvarrez , "Fa Wah" Management ("FWM") started a holdover summary proceeding against Zoilo Gavilan "Alvarrez," who was doing business as Juquiliuta Bar & Restaurant.
FWM terminated Alvarrez's lease, after Alvarrez failed to pay several months' rent. When negotiations for a new lease proved unproductive, the parties entered into two successive stipulations, which required Alvarrez to pay FWM certain sums of money for "use and occupancy" and to provide FWM proof of insurance on or before April 4, 2006.
When he defaulted and an inquest was held by the Kings County Civil Court, FWM "established a prima facie case, including proof of [Alvarrez's] original rent default," and possession was awarded to the landlord.
On appeal, the Appellate Term, Second Department, affirmed.
Alvarrez's main defense was that the pleadings in the case -- the Notice of Petition and Petition -- were fatally defective, because FWM's true name was "Fai Wa," rather than "Fa Wah," and Alvarrez's last name was really spelled "Alvarez." Notwitstanding those gaffes, the AT2 was of the opinion, that the tenant "was not, and could not reasonably have been confused by these minor errors."
Alvarrez further asserted on appeal that since he had eventually obtained the required insurance, enforcement of the stipulation would prove to be inequitable. But the AT2 was unmoved. Since that claim was unsubstantiated, and more importantly, not in the record, it could not be considered on appeal.
Discerning no irregularity, the AT2 directed Fa Wah (or "Fai Wa") to proceed with the eviction ForthWith.
To download a copy of the Appellate Term's decision, please use this link: Fa Wah Management, Inc. v. Alvarrez