Landlord Can Evict Former Building Super

Landlord sued to evict former building super after his employment was terminated. The super claimed that his job status was unresolved because he had filed a complaint with the Department of Labor. He also countersued for breach of the warranty of habitability and for landlord's failure to serve a notice to quit before starting the court case. The court ruled for landlord without a trial. The super's pending employment claim didn't bar landlord from recovering possession of the apartment. Landlord wasn't required to send a termination notice before starting an eviction case against a building employee. The super's warranty of habitability claim was unsubstantiated and hard to believe, since he was responsible for maintaining the building.

H&H Realty LLC v. Wesley: Index No. 106869/10, NYLJ No. 1202489644484 (Civ. Ct. Kings; 3/18/11; Wade, J)