Landlord Claims Rent-Stabilized Lease Is Void

March 1, 2001

LVT Number: 14785

Landlord sued to void the lease of rent-stabilized tenant, claiming that it was the result of fraud between tenant and prior landlord. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant had previously filed a DHCR complaint based on landlord's refusal to renew his lease. Landlord raised the same issue of fraud in that case, and the DHCR ruled against landlord. The DHCR's prior ruling on the same issues barred a different ruling by the court, and the case was properly dismissed.

Landlord sued to void the lease of rent-stabilized tenant, claiming that it was the result of fraud between tenant and prior landlord. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant had previously filed a DHCR complaint based on landlord's refusal to renew his lease. Landlord raised the same issue of fraud in that case, and the DHCR ruled against landlord. The DHCR's prior ruling on the same issues barred a different ruling by the court, and the case was properly dismissed.

9-10 Alden Pl., LLC v. Chen: NYLJ, 2/5/01, p. 29, col. 1 (App. Div.2 Dept.; Ritter, JP, Friedmann, Miller, Smith, JJ)

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