Court Dismisses Landlord's Ejection Action Based on Pending Holdover Proceeding

Landlord sued to evict tenant in housing court for nonpayment of rent. The court ruled for landlord based on tenant's default and issued an eviction warrant. In December 2024, tenant asked the court to vacate the default judgment. Tenant's motion still hadn't been decided when landlord started a second action against tenant in State Supreme Court, seeking ejectment, use and occupancy, a declaratory judgment, unpaid rent, attorneys' fees, and an injunction for use and occupancy. The tenant asked the Supreme Court to dismiss the second case.

The court ruled for tenant because the prior, pending housing court proceeding arose out of the same subject matter or series of alleged wrongs as the second case and could be resolved in Housing Court. Notably, tenant's motion to vacate the default judgment in the Housing Court case still hadn't been decided when the Supreme Court granted tenant's motion in late January 2025.

Twenty Tenants HDFC v. Bargallo: Index No. 155647/2025, 2025 NY Slip Op 30356(U)(Sup. Ct. NY; 1/29/25; Rosado, J)