Landlord Must Sue to Evict Tenant in Civil Court

November 1, 1997

LVT Number: 11882

Landlord sued tenant in state supreme court and asked the court to bar tenant from conducting a child care business in the apartment. Landlord also sought possession of the apartment, back rent, and attorney's fees. The court ruled that landlord had brought the wrong type of court case and dismissed it without a trial. The court also ordered that the case be transferred to civil court as an eviction case. Landlord appealed. The appeals court ruled against landlord. Landlord must bring eviction case in civil court to evict tenant for improper commercial use of the apartment.

Landlord sued tenant in state supreme court and asked the court to bar tenant from conducting a child care business in the apartment. Landlord also sought possession of the apartment, back rent, and attorney's fees. The court ruled that landlord had brought the wrong type of court case and dismissed it without a trial. The court also ordered that the case be transferred to civil court as an eviction case. Landlord appealed. The appeals court ruled against landlord. Landlord must bring eviction case in civil court to evict tenant for improper commercial use of the apartment. There was no emergency or other reason justifying another type of court action.

91st St. Co. v. Robinson: NYLJ, p. 26, col. 1 (10/2/97) (App. Div. 1 Dept.; Murphy, PJ, Milonas, Wallach, Rubin, Mazzarelli, JJ)

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