Nonpayment Case Not Barred by Prior Discontinuance

December 1, 2001

LVT Number: 15448

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case based on a prior nonpayment case that was discontinued. The court ruled against tenant. Tenant appealed and lost. Landlord discontinued the prior case for procedural reasons. There was no ruling on the merits that barred the new nonpayment case and no intent to harass tenant by discontinuing the prior case.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case based on a prior nonpayment case that was discontinued. The court ruled against tenant. Tenant appealed and lost. Landlord discontinued the prior case for procedural reasons. There was no ruling on the merits that barred the new nonpayment case and no intent to harass tenant by discontinuing the prior case.

Decarvalhosa v. Adler: NYLJ, 11/30/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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