Civil Court Can't Decide Case

April 1, 2000

LVT Number: 13995

Landlord sued tenant in Supreme Court, seeking a declaration by the court that tenant had illegally sublet a portion of his loft unit for an amount greater than the legal rent and that this was a violation that couldn't be corrected. The Supreme Court transferred the case to a housing part of the civil court. The housing court ruled for tenant and dismissed the case based on a finding that the additional loft occupants were roommates, not subtenants. Landlord appealed, arguing that civil court didn't have the authority to decide the case. The appeals court ruled for landlord.

Landlord sued tenant in Supreme Court, seeking a declaration by the court that tenant had illegally sublet a portion of his loft unit for an amount greater than the legal rent and that this was a violation that couldn't be corrected. The Supreme Court transferred the case to a housing part of the civil court. The housing court ruled for tenant and dismissed the case based on a finding that the additional loft occupants were roommates, not subtenants. Landlord appealed, arguing that civil court didn't have the authority to decide the case. The appeals court ruled for landlord. Even though the Supreme Court transferred the case, the civil court doesn't have the authority to decide a declaratory judgment action.

BLF Realty Holding Corp. v. Kasher: NYLJ, 3/22/00, p. 26, col. 2 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

Topics

More like this