Case Dismissed, But Tenant Must Pay Past Use and Occupancy

December 1, 1994

LVT Number: 9294

(Decision submitted by Manhattan attorney Bruce Levinson, attorney for the landlord.) Landlord sued to evict tenant for nonpayment of rent. The court dismissed the case because landlord's petition incorrectly stated that the apartment wasn't rent-controlled, when in fact it was. But tenant must pay use and occupancy for three months because a prior contempt order required tenant to do so.

(Decision submitted by Manhattan attorney Bruce Levinson, attorney for the landlord.) Landlord sued to evict tenant for nonpayment of rent. The court dismissed the case because landlord's petition incorrectly stated that the apartment wasn't rent-controlled, when in fact it was. But tenant must pay use and occupancy for three months because a prior contempt order required tenant to do so.

DeMarinis v. Talamanco: L&T Index No. 52557/94 (Civil Ct. Kings; Callender, J) (10/18/94) [2-page document]

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