Landlord Can't Maintain Holdover and Nonpayment Proceeding at Same Time

January 1, 1994

LVT Number: 8493

Nassau County landlord sued to evict tenant. Landlord served tenant with both a three-day notice for nonpayment and a termination notice on the same day. The trial court ruled for landlord in the combined holdover/nonpayment proceeding. Tenant appealed, and the appeals court ruled that it was improper for landlord to combine the two actions. By definition, a holdover and a nonpayment proceeding are inconsistent with one another. The holdover proceeding was dismissed.

Nassau County landlord sued to evict tenant. Landlord served tenant with both a three-day notice for nonpayment and a termination notice on the same day. The trial court ruled for landlord in the combined holdover/nonpayment proceeding. Tenant appealed, and the appeals court ruled that it was improper for landlord to combine the two actions. By definition, a holdover and a nonpayment proceeding are inconsistent with one another. The holdover proceeding was dismissed. A new trial was ordered on the nonpayment issue because the trial court didn't make a judgment within 30 days after hearing the case.

Abbondandolo v. LoCicero: NYLJ, p. 25, col. 5 (12/29/93) (App. T. 2 Dept.; DiPaola, PJ, Stark, Luciano, JJ)

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