Landlord Knew Tenant Lived in Apartment, Despite Commercial Lease

January 2, 2008

LVT Number: #20097

Landlord sued to evict tenant in the commercial landlord-tenant part of civil court. Tenant asked the court to dismiss the case. Tenant argued that it was improper to bring the case in the commercial part of the court because he lived in the apartment. The court ruled against tenant. Tenant appealed and won. Tenant showed that landlord and prior landlord knew that tenant lived in the apartment, even though he signed a commercial lease. The apartment had full residential fixtures when prior landlord rented it to tenant.

Landlord sued to evict tenant in the commercial landlord-tenant part of civil court. Tenant asked the court to dismiss the case. Tenant argued that it was improper to bring the case in the commercial part of the court because he lived in the apartment. The court ruled against tenant. Tenant appealed and won. Tenant showed that landlord and prior landlord knew that tenant lived in the apartment, even though he signed a commercial lease. The apartment had full residential fixtures when prior landlord rented it to tenant. Landlord therefore was required to start the eviction proceeding in the housing part of landlord-tenant court.

Freeman Street Properties, LLC v. Coirolo: NYLJ, 12/17/07, p. 40, col. 5 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Belen, JJ)

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