Eviction Case Can Go Forward

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen, LLP, attorneys for the landlord.) Landlord sued to evict tenant and subtenant. Subtenant claimed that tenant was illusory. She asked the court to declare her the rent-stabilized tenant, without a trial. She also asked for permission to conduct pretrial questioning. The court ruled against subtenant. Subtenant had a pending Supreme Court action against landlord and tenant, claiming illusory tenancy. In that case, she sought a declaration that she was the rent-stabilized tenant. That didn't give her grounds for a ruling without a trial in the housing court case. And the housing court wasn't authorized to make a declaratory judgment. Pretrial questioning in the housing court case by subtenant also would duplicate the pretrial questioning scheduled in subtenant's Supreme Court action.

Supreme Co. v. Rosen: L&T Index No. 76373/04 (Civ. Ct. NY 10/21/04; Capella, J) [1-pg. doc.]