Case Brought in Wrong Part of Court

March 1, 2001

LVT Number: 14803

Landlord sued to evict tenant in commercial landlord-tenant part of court. Tenant claimed that she was a residential tenant and asked the court to dismiss the case for being brought in the wrong part. Landlord pointed out that tenant had a commercial lease. The court ruled against tenant. Tenant appealed and won. Tenant showed that she had lived in the apartment for 25 years, even if she had a commercial lease. Tenant showed also that prior landlord had sued to evict her in 1981. In that case, tenant claimed that she was residential, and the case was discontinued.

Landlord sued to evict tenant in commercial landlord-tenant part of court. Tenant claimed that she was a residential tenant and asked the court to dismiss the case for being brought in the wrong part. Landlord pointed out that tenant had a commercial lease. The court ruled against tenant. Tenant appealed and won. Tenant showed that she had lived in the apartment for 25 years, even if she had a commercial lease. Tenant showed also that prior landlord had sued to evict her in 1981. In that case, tenant claimed that she was residential, and the case was discontinued. New landlord was bound by the knowledge and waiver of prior landlord.

Zada Assocs. v. Seven: NYLJ, 2/1/01, p. 28, col. 3 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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