Key Bank v. Becker, 669 N.E.2d 814 (NY 1996). · Go Syfert
Search
Key Bank v. Becker, 669 N.E.2d 814 (NY 1996). Cases Citing This Book View Copy Cite
15 citation events (14 in the last 25 years) across 4 distinct courts.
Strongest positive: Barretta v. Parilla (nycivctqueens, 2025-02-07)
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Barretta v. Parilla
Civ. Ct. NYC, Queens Cty. · 2025 · confidence medium
Accordingly, as the current petitioner did not have standing to commence this proceeding, the court cannot permit amendment to substitute the actual owner at this juncture ( see Ferro , 195 Misc 2d at 530 [citing, inter alia, Key Bank of NY v. Becker , 88 NY2d 899, 900 [1996]]).
examined Cited as authority (rule) Yao Wen Lei v. Yu Hin Chan (3×)
N.Y. App. Term. · 2024 · confidence medium
The petition provides that Zeng "is and remains the agent of [petitioner] Yao Wen Lei in connection to the building." However, an owner's agent is not a person authorized to maintain a summary proceeding ( see RPAPL 721; Key Bank of NY v Becker , 88 NY2d 899, 900 [1996]; Elias Props.
cited Cited as authority (rule) Lehtonen v. Dellaquila
N.Y. App. Term. · 2020 · confidence medium
An owner's agent is not a person authorized to maintain a summary proceeding ( see RPAPL 721; Key Bank of NY v Becker , 88 NY2d 899, 900 [1996]; Elias Props.
discussed Cited as authority (rule) Elias Props. Mgt., Inc. v. One Half Fashion Corp.
N.Y. App. Term. · 2017 · confidence medium
RPAPL 721 does not permit an agent to maintain a summary proceeding ( see Key Bank of NY v Becker , 88 NY2d 899, 900 [1996]; Suderov v Ogle , 149 Misc 2d 906, 908 [App Term, 2d Dept, 2d & 11th Jud Dists 1991]).
discussed Cited as authority (rule) Fallarino v. Fallarino
N.Y. App. Term. · 2017 · confidence medium
The fact that petitioner may bear his mother’s durable power of attorney does not permit him to commence this proceeding in his own name (see Key Bank of N.Y. v Becker, 88 NY2d 899, 900 [1996] [an assignee and attorney-in-fact “does not have standing to bring (a summary) proceeding under the plain language of RPAPL 721”]; Ferro v Lawrence, 195 Misc 2d 529, 530 [App Term, 2d Dept, 9th & 10th Jud Dists 2002] [a landlord’s attorney or agent “is not a person authorized to initiate a summary proceeding in his or her own name”]).
discussed Cited as authority (rule) Fallarino v. Fallarino
N.Y. App. Term. · 2017 · confidence medium
The fact that petitioner may bear his mother's durable power of attorney does not permit him to commence this proceeding in his own name ( see Key Bank of NY v Becker , 88 NY2d 899, 900 [1996] [an assignee and attorney-in-fact "does not have standing to bring (a summary) proceeding under the plain language of RPAPL 721"]; Ferro v Lawrence , 195 Misc 2d 529, 529 [App Term, 2d Dept, 9th & 10th Jud Dists 2002] [a landlord's attorney or agent "is not a person authorized to initiate a summary proceeding in his or her own name"]).
discussed Cited as authority (rule) 102 West Hudson, LLC v. Cordero
nydistctnassau · 2017 · confidence medium
We further note that petitioner is the agent of the landlord, and RPAPL 721 does not permit an agent to maintain a nonpayment proceeding (see Key Bank of NY v Becker, 88 NY2d 899, 900 [1996]; Poughkeepsie Sav.
discussed Cited as authority (rule) Inland Diversified Real Estate Serv., LLC v. Keiko NY, Inc.
N.Y. App. Term. · 2016 · confidence medium
We further note that petitioner is the agent of the landlord, and RPAPL 721 does not permit an agent to maintain a nonpayment proceeding ( see Key Bank of NY v Becker , 88 NY2d 899, 900 [1990]; Poughkeepsie Sav.
discussed Cited as authority (rule) Ferro v. Lawrence
N.Y. App. Term. · 2002 · confidence medium
A landlord’s attorney/agent is not a person authorized to initiate a summary proceeding in his or her own name, a defect that is not cured by captioning the proceeding in the name of a proper party in interest (RPAPL 721; Key Bank of N.Y. v Becker, 88 NY2d 899, 900 [1996]; Whelan v Veltre, 2002 NY Slip Op 40081 [U] [App Term, 9th & 10th Jud Dists 2002]; cf. RPAPL 741).
discussed Cited "see, e.g." Board of Mgrs. of J Condominium v. Tornabene
N.Y. App. Term. · 2017 · signal: see also · confidence low
Under RPAPL 721, in its current form, an agent is not a party authorized to maintain a summary proceeding ( see Suderov v Ogle , 149 Misc 2d 906 [App Term, 2d Dept, 2d & 11th Jud Dists 1991]; see also Key Bank of NY v Becker , 88 NY2d 899 [1996]; Inland Diversified Real Estate Serv., LLC v Keiko NY, Inc. , 51 Misc 3d 139 [A], 2016 NY Slip Op 50613[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]).
discussed Cited "see, e.g." Women's Interart Center, Inc. v. New York City Economic Development Corp.
N.Y. App. Div. · 2012 · signal: see also · confidence low
If the proof supports WIC’s position, CHDFC’s action against WIC would be illegal because as an agent of the landlord, it would not have standing to maintain an eviction proceeding (see RPAPL 721; see also Key Bank of N.Y. v Becker, 88 NY2d 899 [1996]).
discussed Cited "see, e.g." Women's Interart Center, Inc. v. New York City Economic Development Corp.
N.Y. App. Div. · 2012 · signal: see also · confidence low
If the proof supports WIC’s position, CHDFC’s action against WIC would be illegal because as an agent of the landlord, it would not have standing to maintain an eviction proceeding (see RPAPL 721; see also Key Bank of N.Y. v Becker, 88 NY2d 899 [1996]).
Retrieving the full opinion text from the archive…
Key Bank of New York
v.
David Becker
New York Court of Appeals.
Jun 11, 1996.
669 N.E.2d 814
APPEARANCES OF COUNSEL, Hiscock & Barclay, L. L. P., Buffalo (Drew V. Tidwell and Sandra S. O’Loughlin of counsel), for appellant., James A. Huber, Williamsville, for respondents., David L. Glass, New York City, for New York Bankers Association, amicus curiae.
Cited by 13 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In 1987, petitioner Key Bank made a loan to Robert J. Bradley, the owner of property, which included a skilled nursing facility leased to respondent Manor Oak Skilled Nursing Facilities, Inc. and managed by respondent Becker. The loan was secured by a note and mortgages on the leased property. As additional security for the loan, Bradley assigned the rents and leases to the Bank. In the assignment, the owner also appointed it as his lawful attorney with full power to use all measures necessary to enforce the assignment.

Bradley defaulted on the loan in October 1990. Subsequently, Key Bank sought, by way of summary proceeding pursuant to RPAPL 721, a judgment awarding it possession of the property, rent and fair rental value for the use and occupancy of the premises, and real property taxes. The courts below determined, among other things, that the Bank was not a party authorized to maintain the summary proceeding. This Court granted it leave to appeal from that portion of the Appellate Division order affirming the denial of its standing to bring a summary eviction proceeding pursuant to RPAPL article 7.

The courts below correctly determined that, on these facts, petitioner does not have standing to bring a summary proceeding pursuant to RPAPL article 7. Petitioner, as assignee and attorney-in-fact, does not have standing to bring the proceeding under the plain language of RPAPL 721 as amended in 1977.

[*901] Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur; Chief Judge Kaye taking no part.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.