Nonpayment Proceeding Delayed

February 1, 2011

LVT Number: #23158

Tenant sued landlord, claiming that he was rent stabilized and had been overcharged while landlord treated the apartment as deregulated. The court ruled for tenant, reduced his rent to $1,390, and ordered landlord to refund $58,000 plus interest. Both landlord and tenant appealed. While the appeal was pending, landlord registered tenant's apartment with the DHCR and sued to evict tenant for nonpayment of rent totaling over $93,000. Tenant asked the court to dismiss the nonpayment case. The court ruled for tenant, dismissing the case without prejudice. Landlord appealed.

Tenant sued landlord, claiming that he was rent stabilized and had been overcharged while landlord treated the apartment as deregulated. The court ruled for tenant, reduced his rent to $1,390, and ordered landlord to refund $58,000 plus interest. Both landlord and tenant appealed. While the appeal was pending, landlord registered tenant's apartment with the DHCR and sued to evict tenant for nonpayment of rent totaling over $93,000. Tenant asked the court to dismiss the nonpayment case. The court ruled for tenant, dismissing the case without prejudice. Landlord appealed. The appeals court ruled that the nonpayment case should be delayed rather than dismissed, so that it could be expedited once the appeal in the other case determined whether the apartment was rent stabilized and what the legal rent was.

342 West 30th Street Corp. v. Bradbury: NYLJ, 1/21/11, p. 26, col. 2 (App. T. 1 Dept.; Schoenfeld, JP, Hunter, Torres, JJ)

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