Landlord Must Sue to Evict Live-In Super in Housing Court

LVT Number: #23532

Landlord receiver sued to evict live-in building super after his employment was terminated. Landlord brought the action in the commercial part of landlord-tenant court. The court dismissed the case. An eviction case concerning a residential premises must be brought in housing court. Landlord must start over in the proper court.

Landlord receiver sued to evict live-in building super after his employment was terminated. Landlord brought the action in the commercial part of landlord-tenant court. The court dismissed the case. An eviction case concerning a residential premises must be brought in housing court. Landlord must start over in the proper court.

Clark v. Strauss: 2011 NY Slip Op. 21258, 2011 WL 3157521 (Civ. Ct. Kings; 7/7/11; Cohen, J)