Landlord Wants to Discontinue Case

Landlord asked the court for permission to discontinue its nonprimary residence case against tenant without limiting its right to sue tenant again. Landlord claimed that tenant's primary residence was in Virginia. Tenant argued that she was out of town visiting a dying friend during the time landlord claimed she wasn't in the apartment, and that landlord had discontinued its prior non-primary residence case against her. Tenant also asked the court to discontinue the case ''with prejudice'' so that landlord couldn't sue her a third time. Tenant wins. Landlord didn't prove that tenant kept her primary residence elsewhere, despite having kept her under constant watch and scrutiny for some time. And tenant shouldn't lose her rent-stabilized apartment just because she travels extensively.

Rose Associates v. Goldrich: NYLJ, p. 28, col. 3 (2/14/95) (Sup. Ct. NY; Miller, J)