1820 Amwell, L.L.C. v. Patti

Posted April 30, 2012Adam S. Kessler, Esq.Published and Representative Opinions

1820 Amwell, L.L.C. v. Patti, (App. Div. 2012):  Plaintiff purchased property at Sheriff’s sale in April, 2010.  Defendant failed to pay any rent for the period from April 2010 through October 2010.  Plaintiff received the Sheriff’s Deed in November, 2010.  David Kessler & Associates, on behalf of Plaintiff, filed a summary dispossess complaint against Defendant for non-payment of rent from April, 2010.  Defendant argued that he had no obligation to pay rent to Plaintiff until the sale was consummated in November, 2010 and the Sheriff’s Deed was obtained.  David Kessler & Associates argued that upon delivery of the Sheriff’s Deed, Plaintiff was vested with a fixed and legal right to collect the rent, retroactive to the date of the April, 2010 Sheriff’s sale.  The trial court agreed and ordered Defendant to pay $14,400 for the unpaid rent, commencing April, 2010.  Defendant appealed.  The Appellate Division affirmed the trial court decision, ruling that Plaintiff, as the successful bidder, stood in the position of an equitable and beneficial owner who succeeded to the right to receive the benefits of ownership from the date of the Sheriff’s sale.