Eviction Case Transferred to Housing Court

March 1, 1993

LVT Number: 6781

Landlord brought a declaratory judgment action in state supreme court. The court transferred the case to housing court and landlord appealed. The appeals court ruled that the transfer was proper. Although presented as a declaratory judgment action, landlord's case was really an action seeking to evict rent-stabilized tenants for violations of the city's Health Code. These claims belong in housing court.

Landlord brought a declaratory judgment action in state supreme court. The court transferred the case to housing court and landlord appealed. The appeals court ruled that the transfer was proper. Although presented as a declaratory judgment action, landlord's case was really an action seeking to evict rent-stabilized tenants for violations of the city's Health Code. These claims belong in housing court.

[Godwin Terrace Realty Co. v. Armstrong: NYLJ, p. 22, col. 5 (2/25/93) (App. Div. 1 Dept.; Milonas, JP, Ellerin, Kassal, Rubin, JJ)].

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