Landlord Fined $5,000 for Commencing Frivolous Eviction Proceeding Against Tenant

June 25, 2024

LVT Number: #33244

Landlord sued to evict tenant for nonpayment of rent in the amount of $248 and obtained a default judgment against tenant. Tenant then asked the court to vacate the default judgment, dismiss the case, and sanction landlord for starting a frivolous lawsuit. The court ruled for tenant and fined landlord $5,000 for the frivolous lawsuit. Landlord previously brought a number of frivolous lawsuits against tenant to try to get him out of the building. Less than a year earlier the court had directed landlord to stop making these attempts.

Landlord sued to evict tenant for nonpayment of rent in the amount of $248 and obtained a default judgment against tenant. Tenant then asked the court to vacate the default judgment, dismiss the case, and sanction landlord for starting a frivolous lawsuit. The court ruled for tenant and fined landlord $5,000 for the frivolous lawsuit. Landlord previously brought a number of frivolous lawsuits against tenant to try to get him out of the building. Less than a year earlier the court had directed landlord to stop making these attempts. The court stated that landlord acted in bad faith by commencing the current proceeding while ignoring court orders and making blatant misinterpretations of the law.

57 Elmhurst LLC v. Morales: 32 Misc.3d 1243(A), 2024 NY Slip Op 50531(U)(Civ. Ct. Queens; 5/7/24; Schiff, J)

Topics

More like this