Appeals Court Won't Delay Eviction Case While Parties' Other Case Is Pending

(Decision submitted by Tony Subraj, Vice President of Zara Realty, for the landlord.)

Landlord sued to evict rent-stabilized tenant for failing to sign and return an offered renewal lease. Tenant asked the court to delay the case because he and other building tenants had started a separate case in State Supreme Court claiming rent overcharge, deceptive business practices, harassment, and retaliation. The court ruled for tenant and stayed the eviction case. Landlord appealed and won. Landlord was entitled to a speedy determination of a housing court matter. The issue in the housing court case was whether, as tenant claimed, the rent set forth in the renewal lease was improper. The housing court could decide the issue presented in the holdover proceeding while the other case was pending.

Hillside Park 168, LLC v. Mirbahar: Index No. 2017-984QC; Hillside Park 168, LLC v. Hossaid, 61 Misc.3d 132(A), 2018 NY Slip Op 51451 (App. T. 2 Dept.; 10/12/18; Weston, JP, Aliotta, Elliot, JJ)