Landlord Can't Sue While Prior Case Still Pending

April 9, 2012

LVT Number: #24034

Landlord sued tenant in civil court for rent arrears. The court dismissed the case. Landlord previously sued to evict tenant in housing court after her tenancy was terminated. Landlord claimed that the housing court case had been withdrawn, but landlord had simply abandoned that case without complying with any applicable rules. So landlord must either revive the housing court case or properly discontinue it and bring a new civil court action against tenant.

Landlord sued tenant in civil court for rent arrears. The court dismissed the case. Landlord previously sued to evict tenant in housing court after her tenancy was terminated. Landlord claimed that the housing court case had been withdrawn, but landlord had simply abandoned that case without complying with any applicable rules. So landlord must either revive the housing court case or properly discontinue it and bring a new civil court action against tenant.

Elnazer v. Quoquoi: 34 Misc.3d 1241(A), 2012 NY Slip Op 50490(U) (Civ. Ct. Richmond; 3/6/12; Straniere, J)

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