Landlord Can Discontinue Case Against Tenant

December 1, 2007

LVT Number: #20026

Landlord sued to evict tenant in December 2005 for creating a nuisance. Landlord claimed that tenant's apartment was cluttered and dirty. In March and April 2006, while the case was pending, tenant allowed landlord to inspect the apartment. By that time, tenant had corrected the condition. Landlord and tenant then tried to settle the case, but couldn't reach an agreement. Landlord asked the court for permission to discontinue the case. The court ruled against landlord. Landlord appealed and won.

Landlord sued to evict tenant in December 2005 for creating a nuisance. Landlord claimed that tenant's apartment was cluttered and dirty. In March and April 2006, while the case was pending, tenant allowed landlord to inspect the apartment. By that time, tenant had corrected the condition. Landlord and tenant then tried to settle the case, but couldn't reach an agreement. Landlord asked the court for permission to discontinue the case. The court ruled against landlord. Landlord appealed and won. There was no showing of any harm to tenant, so landlord should be allowed to discontinue the case unconditionally.

Townhouse Company, LLC v. Peters: NYLJ, 11/7/07, p. 32, col. 2 (App. T. 1 Dept.; McKeon, JP, McCooe, Davis, JJ)

Topics

More like this