Landlord Should Have Started Eviction Case in Housing Court

September 19, 2015

LVT Number: #26477

Landlord sued to evict tenant in the commercial landlord-tenant court, claiming that tenant was illegally living in the commercial unit. The court ruled for landlord. Tenant appealed and won. Tenant was living in the unit in violation of the building’s Certificate of Occupancy with landlord’s knowledge. Landlord therefore should have started the case in housing court based on strong legislative policy. The lower court’s decision was revoked, and the case dismissed.

 

Landlord sued to evict tenant in the commercial landlord-tenant court, claiming that tenant was illegally living in the commercial unit. The court ruled for landlord. Tenant appealed and won. Tenant was living in the unit in violation of the building’s Certificate of Occupancy with landlord’s knowledge. Landlord therefore should have started the case in housing court based on strong legislative policy. The lower court’s decision was revoked, and the case dismissed.

 

32-05 Newtown Avenue Associates v. Caguana: 48 Misc.3d 141(A), 2015 NY Slip Op. 51247(U) (App. T. 2 Dept.; 8/12/15; Pesce, PJ, Aliotta, Elliot, JJ)

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