Landlord's Nonpayment Petition Improperly Dismissed

November 1, 1996

LVT Number: 11004

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. The court ruled for tenant, finding that there was a prior pending nonpayment proceeding. Landlord appealed. The first nonpayment action claimed rent for different months and had been dismissed. That dismissal was being appealed. So landlord could proceed with the second nonpayment action for later rent.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. The court ruled for tenant, finding that there was a prior pending nonpayment proceeding. Landlord appealed. The first nonpayment action claimed rent for different months and had been dismissed. That dismissal was being appealed. So landlord could proceed with the second nonpayment action for later rent.

Fame Equities & Mgmt. Co. v. Malcolm: NYLJ, p. 27, col. 4 (10/28/96) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

Topics

More like this