Case Can Go Ahead Despite Dismissal of Prior Case

Landlord sued to evict tenant so that he could recover a rent-stabilized apartment for owner occupancy. Tenant claimed that landlord had previously tried to evict him for the same reason and that the prior case had been dismissed three years earlier. Tenant argued that, for this reason, landlord's new case should be dismissed without a trial. Landlord claimed that the circumstances were now different. The court ruled against tenant. Tenant's lease had been renewed after the prior court case. Landlord could start a new court action at the end of this renewal lease. The court would look at what changes, if any, resulted from the passage of time, including a change in landlord's family composition or the proposed reconfiguration of the apartment. If landlord didn't present facts at a trial showing that circumstances had changed, tenant could ask the court at that time to dismiss the case based on the prior dismissal.

Wong v. Repass: NYLJ, p. 29, col. 2 (12/2/98) (Civ. Ct. NY; Hoffman, J)