Eviction Was Improper

March 1, 1995

LVT Number: 9506

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. Tenant later asked the court to vacate the eviction warrant and restore him to possession. The court agreed because landlord had incorrectly claimed that the building was a rent-stabilized multiple dwelling, when it really was a commercial building that wasn't registered as a multiple dwelling. The trial court dismissed the nonpayment proceeding, but stated that the eviction had been proper. Tenant appealed, asking the court to rule that the eviction hadn't been proper.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. Tenant later asked the court to vacate the eviction warrant and restore him to possession. The court agreed because landlord had incorrectly claimed that the building was a rent-stabilized multiple dwelling, when it really was a commercial building that wasn't registered as a multiple dwelling. The trial court dismissed the nonpayment proceeding, but stated that the eviction had been proper. Tenant appealed, asking the court to rule that the eviction hadn't been proper. The appeals court ruled for tenant. Since the court had vacated the eviction, tenant's eviction had been improper.

Kaplan v. Hall: NYLJ, p. 25, col. 3 (2/7/95) (App. T. 1 Dept.; Ostrau, JP, Miller, Glen, JJ)

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