Co-op Tenant Can't Stop Eviction by Separate Court Action

Landlord cooperative corporation sued to evict shareholder tenant for nonpayment of maintenance. Landlord and tenant signed a settlement agreement in court by which tenant agreed to make payments toward maintenance arrears. Tenant also agreed to "legalize" her unlawful sublet of the apartment by obtaining landlord's approval as required by her proprietary lease. A judgment of possession and eviction warrant were issued in landlord's favor. Tenant later defaulted on the settlement agreement and sued landlord in State Supreme Court, seeking an injunction to prevent landlord from evicting her. The court denied tenant a preliminary injunction and granted landlord's request to dismiss the complaint.

Tenant appealed and lost. Any challenge by tenant to the judgment of possession and eviction warrant must be made in District Court, where that case was started. Tenant's claim that landlord refused to send her an application form to legalize the sublet was rebutted by emails where tenant acknowledged receiving the application form from landlord. Tenant also had asked the court for permission to amend her court complaint but submitted no proposed amendment and presented no facts showing that an amendment had merit.

Codrington v. Wendell Terrace Owners Corp.: 2014 NY Slip Op 04461, 2014 WL 2743477 (App. Div. 2 Dept.; 6/18/14; Rivera, JP, Balkin, Chambers, Miller, JJ)