Eviction Case Commenced in Commercial Part Against Loft Tenants Dismissed

December 25, 2018

LVT Number: #29823

Landlord sued to evict loft tenants in commercial landlord-tenant part of the Civil Court. Tenants asked the court to dismiss or delay the case, pending the outcome of a NYC Loft Board proceeding. Tenants, who lived in the loft, sought Loft Law protection as occupants of an interim multiple dwelling. The court ruled for tenants and dismissed the case. Landlord knew that tenants lived in the loft before it started the eviction case. Landlord should have started any eviction proceeding in the residential landlord-tenant part of Civil Court. Landlord could start over in the proper court.

Landlord sued to evict loft tenants in commercial landlord-tenant part of the Civil Court. Tenants asked the court to dismiss or delay the case, pending the outcome of a NYC Loft Board proceeding. Tenants, who lived in the loft, sought Loft Law protection as occupants of an interim multiple dwelling. The court ruled for tenants and dismissed the case. Landlord knew that tenants lived in the loft before it started the eviction case. Landlord should have started any eviction proceeding in the residential landlord-tenant part of Civil Court. Landlord could start over in the proper court.

VJHC Holding Corp. v. Chodorow: Index No. LT-059029-18, NYLJ No. 1542619511 (Civ. Ct. NY; 10/3/18; Nock, J)

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