Carbone v. Hurdle
Judge Scott Fairgrieve
Landlord Carbone began a holdover proceeding against tenant Hurdle to recover possession of the subject premises. The petition alleged Hurdle was a licensee of a day-care center who entered into possession under a "rental agreement between Respondent as licensee and Petitioner as landlord." It also claimed the lease expired in 2002 and Hurdle continued to holdover. Hurdle contended Carbone could not maintain this summary proceeding because he did not have title to the premises. Hurdle claimed that her sister owned the premises and the transfer of the premises to Carbone by using a power of attorney signed by her sister was void. The court noted Carbone was a disbarred attorney who admitted coaxing fake testimony during a federal narcotics trial, therefore lacked the authority to evict Hurdle due to the improper title transfer. The court concluded the proceeding must be dismissed since title was not properly transferred. The court further noted that even if it found Carbone was the legitimate owner of the premises, the proceeding would still have to be dismissed because, based on the testimony, Hurdle operated a licensed day-care center as a tenant and not a licensee.