Court Action for Back Rent Stayed Pending Outcome of Eviction Proceeding

Landlord sued tenant in State Supreme Court based on tenant's breach of lease and nonpayment of rent, seeking a total of $60,650 in back rent. Landlord asked the court for a default judgment against tenant when tenant failed to answer the complaint. The court ruled against landlord and stayed the action pending the outcome of a Housing Court proceeding also pending against the tenant.

Landlord appealed and lost. The lower court properly exercised discretion here since landlord could obtain complete relief in Housing Court concerning the issue raised in the Supreme Court action. Landlord also had started the Housing Court proceeding less than seven weeks after commencing the Supreme Court action, on the same day that it moved for a default judgment here. 

Fifth Ave 25G LLC v. Sambar: Index No. 150021/22, 2023 NY Slip Op 05187 (App. Div. 1 Dept.; 10/12/23; Webber, JP, Kern, Singh, Scarpulla, Rosado, JJ)