Landlord Can Seek Tenant's Eviction for Nonpayment of Rent

January 1, 1997

LVT Number: 11152

Landlord sued to evict tenant for nonpayment of rent. The court dismissed the case because of a prior pending proceeding. Landlord appealed. The other pending case was a plenary proceeding for back rent only. This didn't prevent landlord from bringing an eviction action for back rent and possession of the apartment. This was especially true since tenant had declared bankruptcy and landlord was unlikely to get any of the money owed.

Landlord sued to evict tenant for nonpayment of rent. The court dismissed the case because of a prior pending proceeding. Landlord appealed. The other pending case was a plenary proceeding for back rent only. This didn't prevent landlord from bringing an eviction action for back rent and possession of the apartment. This was especially true since tenant had declared bankruptcy and landlord was unlikely to get any of the money owed.

Horstman v. Simkow: NYLJ, p. 28, col. 6 (12/12/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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