Back Rent Due Discharged in Bankruptcy

May 31, 1999

LVT Number: 13283

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Landlord started its nonpayment case in July 1997 for back rent due between March 1994 and December 1996. But in April 1997, the bankruptcy court had discharged all of tenant's debts. So at the time landlord started the nonpayment case, tenant didn't owe any rent.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Landlord started its nonpayment case in July 1997 for back rent due between March 1994 and December 1996. But in April 1997, the bankruptcy court had discharged all of tenant's debts. So at the time landlord started the nonpayment case, tenant didn't owe any rent. Although landlord claimed it was seeking possession only and not the back rent discharged in bankruptcy, it wasn't entitled to start the case since, technically, the money was no longer owed.

Stahl Broadway Co. v. Haskins: NYLJ, p. 28, col. 6 (5/13/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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