Nonpayment Case Against Super Delayed

May 11, 2012

LVT Number: #24072

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court to delay the case. Tenant had been the building super until his employment was terminated. He claimed that landlord owed him back wages. Landlord argued that the wage claim had nothing to do with the eviction proceeding based on nonpayment. The court ruled for tenant. The claims were intertwined. If tenant won his claim against landlord, he might not owe any rent.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court to delay the case. Tenant had been the building super until his employment was terminated. He claimed that landlord owed him back wages. Landlord argued that the wage claim had nothing to do with the eviction proceeding based on nonpayment. The court ruled for tenant. The claims were intertwined. If tenant won his claim against landlord, he might not owe any rent.

Martin v. Duques: Index No. 64685/2011, NYLJ No. 1202547348784 (Civ. Ct. Kings; 3/20/12; Sikowitz, J)

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