Eviction Proceeding Needn't Be Delayed Because of Related Court Action

September 22, 2019

LVT Number: #30335

Landlord sued to evict rent-stabilized tenant for failing to execute a renewal lease. Tenant asked the court to delay the eviction proceeding pending determination of a related NY State Supreme Court action commenced by tenant against landlord. The court ruled for tenant. Landlord appealed and won. Any issues concerning the renewal lease could be determined by the housing court. One appeals court judge dissented. Thirteen tenants had sued landlord in Supreme Court, claiming that landlord unlawfully increased the rent in the offered renewal leases.

Landlord sued to evict rent-stabilized tenant for failing to execute a renewal lease. Tenant asked the court to delay the eviction proceeding pending determination of a related NY State Supreme Court action commenced by tenant against landlord. The court ruled for tenant. Landlord appealed and won. Any issues concerning the renewal lease could be determined by the housing court. One appeals court judge dissented. Thirteen tenants had sued landlord in Supreme Court, claiming that landlord unlawfully increased the rent in the offered renewal leases. The dissenting judge argued that Supreme Court could better resolve all issues involved.

Hillside Park 168, LLC v. Zaman: 64 Misc.3d 143(A), 2019 NY Slip Op 51279(U) (App. T. 2 Dept.; 8/2/19; Elliot, JP, Pesce, Siegal [dissenting], JJ)

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