Eviction Case Can't Be Delayed Based on Tenant's Coverage Claim

(Decision submitted by Jennifer Ecker of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant in housing court, claiming that she was unregulated because of luxury decontrol. Tenant asked the court to delay the eviction case because she'd started a court case just before landlord started the eviction case seeking a declaration that her apartment should be rent stabilized. She said landlord fraudulently misled her as to the regulatory status of the apartment. The court ruled against tenant and found that tenant could raise her rent stabilization coverage claim in the eviction case.

Lem Lee 13th LP v. Friscia: Index No. 85635/05 (Civ. Ct. NY 10/21/05; Capella, J) [2-pg. doc.]