Landlord Can Discontinue Drug Eviction Case Without Prejudice

November 1, 2004

LVT Number: 17677

Landlord sued to evict tenant for using tenant's apartment to sell drugs. Landlord did so in response to a written request from the district attorney's office. Tenant asked the court to dismiss the case with prejudice because the court papers misstated the regulatory status of the apartment. Landlord agreed to withdraw the defective petition, but argued that the case should be dismissed without prejudice. The court ruled for landlord. Even though this was the second time the case was dismissed, it was for procedural reasons, and there was no prejudice to tenant.

Landlord sued to evict tenant for using tenant's apartment to sell drugs. Landlord did so in response to a written request from the district attorney's office. Tenant asked the court to dismiss the case with prejudice because the court papers misstated the regulatory status of the apartment. Landlord agreed to withdraw the defective petition, but argued that the case should be dismissed without prejudice. The court ruled for landlord. Even though this was the second time the case was dismissed, it was for procedural reasons, and there was no prejudice to tenant. Landlord could start another drug eviction case.

1440 G. Pacific Realty Corp. v. McCurdy: NYLJ, 10/27/04, p. 26, col. 1 (Civ. Ct. Kings; Heymann, J)

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